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(영문) 서울북부지방법원 2015.08.18 2015가단103101
건물명도
Text

1. The Plaintiff, Defendant B, and Defendant C, of the buildings listed in the separate sheet (1), and Defendant C, of the branch floor of the buildings listed in the same list (2).

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers 5,523 square meters in Dongdaemun-gu Seoul Metropolitan Government, and is subject to the authorization of the project implementation on February 27, 2009 by the head of Dongdaemun-gu Seoul Metropolitan Government, the authorization of the implementation of the project on May 1, 2014, the authorization of the implementation of the project on February 3, 2014, and the authorization of the management and disposal plan on February 3, 2014 under Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The head of Dongdaemun-gu Seoul Metropolitan Government announced

B. Defendant B is the owner of the building indicated in the attached Table (1) located within the said project implementation district, and Defendant C is the lessee who leased and occupied 113.07 square meters of the land floor among the buildings indicated in the attached Table (2) of the same Table from E.

On the other hand, on May 27, 2015, the Plaintiff agreed to pay the compensation amount of KRW 441,308,60 with Defendant B (hereinafter “instant agreement”). However, the Plaintiff and Defendant B agreed to pay the balance on the remainder payment date, but if Defendant B’s building name was confirmed, the remainder payment should be made later.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. Determination

A. When the approval of the management and disposal plan is announced, the owner, superficies, leaseer, etc. of the previous land or structure may not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents). According to the above facts, the Defendants occupied each of the above real estate located within the project implementation district, and thus, the Defendants are

B. As to this, Defendant B cannot respond to the Plaintiff’s claim prior to the expropriation ruling and the payment of compensation. However, Defendant B cannot respond to the Plaintiff according to the contents of the instant agreement.

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