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(영문) 서울중앙지방법원 2016.06.01 2015가단5199306
건물명도
Text

1. The Plaintiff, Defendant B, and Defendant C, each of the real estate listed in the separate sheet No. 4, and the real estate listed in the separate sheet No. 5.

Reasons

1. Facts without dispute;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with a housing redevelopment and rearrangement project area of 80,836.0 square meters in Seoul Special Metropolitan City, Gwanak-gu.

B. The Plaintiff received authorization from the head of Gwanak-gu in Seoul Special Metropolitan City to establish an association on February 1, 2008, authorization to implement a project on November 12, 2009, and authorization for a management and disposition plan on February 17, 2015 (hereinafter “instant management and disposition plan”), respectively, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the instant management and disposition plan on February 17, 2015.

C. The Defendants are the owners of each building listed in the separate sheet located within the instant rearrangement project zone (Defendant B shall be the list listed in the separate sheet No. 4, and Defendant C shall be the subject of cash liquidation not applying for parcelling-out. D.

The Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Tribunal, which did not reach an agreement with the Defendant on the compensation of the instant building. On January 29, 2016, the said Committee rendered an adjudication of expropriation (hereinafter referred to as “instant adjudication of expropriation”) with the expropriation of KRW 458,583,580 ( KRW 34,34,00 of the site, and KRW 109,249,580 of the obstacles, such as buildings, etc.) and the starting date of expropriation as of March 18, 2016.

E. On March 9, 2016, the Plaintiff deposited the full amount of compensation for the Defendants with the Seoul Central District Court.

2. 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”) shall not use or benefit from the former land or buildings until the date of the public announcement of relocation under Article 54, when the public announcement under paragraph (3) is made. The proviso of the same paragraph shall be construed as "the project implementer's consent or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor."

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