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(영문) 서울서부지방법원 2016.07.07 2016가단208641
건물인도
Text

1. The Plaintiff:

A. Defendant cella Co., Ltd. shall have the attached Form 2 among the four floors of the real estate listed in the attached Table 1 list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established to implement an urban environment rearrangement project by designating the Mapo-gu Seoul Metropolitan Government Group B as a project implementation district (hereinafter “instant rearrangement project”), and received authorization for the implementation of the project on July 26, 2012 from the head of Mapo-gu and received the authorization for the implementation of the project on July 7, 2015 from the head of Mapo-gu.

7.9. The approval plan was publicly notified.

B. The Defendants are the lessees who leased each part of the real estate listed in the separate sheet in the project implementation district (hereinafter “instant real estate”) and run their business at the relevant place of business among the real estate listed in the separate sheet in the said project implementation district.

C. On February 26, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation of the instant real estate on April 15, 2016 by accepting the instant real estate and paying compensation for losses. The Plaintiff deposited compensation for losses on April 12, 2016, which is the owner of the instant real estate, on April 12, 2016.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Where the Plaintiff’s assertion is publicly notified, the former owner’s use and profit-making of the subject matter shall be suspended. As such, the project implementer may use and profit-making from the subject matter without any separate procedure of expropriation or use. Since the management and disposal plan of the instant rearrangement project was authorized and publicly notified, the Defendants, the lessee of the instant real estate, are obliged to hand over the building occupied by the Plaintiff.

3. Determination

(a) As to Defendant 1 through 7, and 10: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

B. (1) The main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) against Defendant 8 and 9 shall be construed as “when the management and disposal plan is authorized and its notice is given.”

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