logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.23 2015가단5186447
건물명도
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in the separate sheet No. 1;

B. Defendant C shall set out in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that is established with the total area of 80,836 square meters in Gwanak-gu in Seoul Special Metropolitan City as a project implementation district.

B. The Plaintiff obtained project implementation authorization from the head of Gwanak-gu Seoul Special Metropolitan City Office on November 12, 2009; the project implementation authorization on May 22, 2014; and the approval on the management and disposal plan on February 17, 2015; and the head of Gwanak-gu Seoul Special Metropolitan City Office publicly announced the management and disposal plan on February 17, 2015.

C. The Defendants owned each real estate listed in the separate sheet in the project implementation zone.

On January 29, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on March 18, 2016 (hereinafter “instant ruling”) with respect to each real estate, etc. listed in the separate sheet, and on March 29, 2016, the Plaintiff deposited the total amount of compensation for each of the instant rulings for the said Defendants.

[Reasons for Recognition] Unsatisfy, Gap 1 through 15 (including each number), the purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When a management and disposal plan is authorized and its announcement is made, the owner of the previous land or building and the right holder such as the lessee shall not use or benefit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, barring any special circumstance, the Defendants cannot use or benefit from each real estate listed in the attached Table, and are obligated to deliver each real estate to the Plaintiff who is the project implementer.”

3. The defendants' assertion that the amount of compensation as set forth in the adjudication of acceptance is set excessively low, and thus, they cannot comply with the plaintiff's claim.

Article 40 (1) of the Act on the Maintenance and Improvement of Urban Areas is to implement the improvement project within the improvement zone.

arrow