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(영문) 서울서부지방법원 2019.01.18 2018가단203732
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff is an association for maintenance and improvement projects established to implement a market improvement project by designating the area of the project of the project (the project in this case) with the area of the project of the project in Seodaemun-gu Seoul, Seodaemun-gu, Seoul as H 12,247 square meters. The Defendants owned each pertinent real estate (each of the instant real estate) in the attached list in the project area of this case.

B. According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff was the head of Seodaemun-gu Seoul Metropolitan Government head of the Gu with the approval of the project implementation plan on December 24, 2010, and the approval for the implementation of the project on May 19, 2017. The Defendants did not apply for parcelling-out within the period of application for parcelling-out according to the project implementation plan

C. On December 28, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of Seodaemun-gu Seoul Metropolitan Government, which was publicly notified on December 29, 2017.

The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, which did not consult with the Defendants on the compensation for losses, and the said local Land Tribunal decided on October 26, 2018 on the commencement date of expropriation and decided on December 14, 2018 to expropriate each of the instant real estate owned by the Defendants.

E. Before the date of commencement of acceptance as stipulated in the above acceptance ruling, the Plaintiff deposited each compensation for losses as stipulated in the above acceptance ruling with the Defendants as the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 29 (including provisional number), the purport of the whole pleadings

2. Determination

A. The main text of Article 81(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions provides that “Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, when the approval of the management and disposal plan under Article 78(4) is

It is limited to the project implementation district of this case, including each real estate of this case.

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