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(영문) 서울서부지방법원 2018.05.25 2018나31518
건물명도(인도)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by each party.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. On December 29, 2008, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and consolidation project partnership with the approval of the establishment for the implementation of housing redevelopment projects by setting the whole group of the Eunpyeong-gu Seoul Metropolitan GovernmentO as the project implementation district from Eunpyeong-gu head of Eunpyeong-gu Seoul Metropolitan Government, and the Defendant owns 1/30 of the buildings listed in the attached list in the said project implementation district (hereinafter “instant building”).

B. The Plaintiff received project implementation authorization from the head of Eunpyeong-gu Seoul Metropolitan Government on March 29, 2013, and obtained authorization for a management and disposal plan on March 2, 2017, and publicly notified the above management and disposal plan.

C. On May 26, 2017, upon the Plaintiff’s application for the adjudication of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal decided on July 14, 2017 to expropriate the instant building. On July 12, 2017, prior to the commencement date of expropriation, the Plaintiff deposited KRW 15,413,620, which is the full amount of the compensation determined by the said adjudication of expropriation, with the Defendant as a depositee.

On February 22, 2018, the Central Land Tribunal filed an objection against the above ruling of expropriation, and the said said ruling made an objection to increase the compensation, and the Plaintiff deposited KRW 301,910, which is the total amount of increased compensation, on March 23, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-8, Gap evidence 6-1, 2, Gap evidence 7-1, 2, 8, and 10, and the purport of the whole pleadings

2. If a management and disposition plan is authorized and publicly notified pursuant to Article 49(6) and (3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) regarding the cause of the claim, the former owner, lessee, etc. regarding the subject matter shall be suspended, and the project implementer shall be able to take over the subject matter and use it

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