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(영문) 서울서부지방법원 2015.10.05 2015가단201759
건물명도
Text

1. The Defendants shall deliver to the Plaintiff each of the pertinent real estate indicated in the indication of the real estate to be delivered to each Defendant.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff is the Seodaemun-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association whose project implementation district covers 49,382m2m2 in Seodaemun-gu.

The head of Seodaemun-gu Seoul Metropolitan Government issued a disposition of project implementation authorization on April 15, 201 and a disposition of project implementation authorization on December 27, 2013, and issued a disposition of project implementation authorization on November 21, 2014, and publicly notified the details of authorization of the management and disposal plan on November 24, 2014.

B. The Defendants, as a lessee or owner, possess each of the pertinent real estate indicated in the “Indication of the real estate to be delivered to each Defendant” in the rearrangement project zone, and the Defendant C, as the owner of the pertinent real estate, became a person subject to cash liquidation under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions

C. The Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on the amount of liquidation with Defendant C. On February 27, 2015, the Seoul Special Metropolitan City Regional Land Expropriation Committee deposited KRW 486,128,600, totaling the amount of compensation for expropriation under the said adjudication of expropriation for Defendant C on April 13, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 4-2, Gap 5-8 evidence, Gap 13-1, Gap 16 evidence, and the purport of the whole pleadings

2. The assertion and judgment

A. When the determination of the cause of the claim and the public notice of the authorization of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the use and profit-making by the right holder, such as the owner, superficies, leasee, and lessee of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be able to use and profit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27,

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