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(영문) 서울동부지방법원 2015.04.27 2014가단36901
건물명도
Text

1. The Plaintiff:

A. Defendant B is marked as indicated in the annexed Form 1 Map No. 1, 2, 3, 4, 1 among the land strata listed in the annexed Table No. 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established for the purpose of implementing a housing redevelopment improvement project with the housing redevelopment project district of the Seongdong-gu Seoul Metropolitan Government H 50,048 square meters as the project implementation district; the Plaintiff was authorized to establish the association on October 9, 2009; the authorization to implement the project on December 21, 201; the authorization to implement the project on February 27, 201; and the head of Seongdong-gu publicly notified the management and disposal plan on February 27, 2014 by the head of Seongdong-gu Seoul Metropolitan Government.

B. The Defendants leased each real estate listed in paragraph (1) of this case (hereinafter “each real estate of this case”) and possess it until the date of the closing of argument in this case. Each real estate of this case is included in the business zone of the housing redevelopment project of this case.

C. On November 28, 2014, the Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Tribunal, and on November 28, 2014, the Seoul Special Metropolitan City Local Land Tribunal rendered a adjudication of expropriation (amount of compensation: KRW 4,350,000, type of business compensation) with Defendant B as of January 16, 2015.

Accordingly, on January 15, 2014, the Plaintiff deposited full amount of KRW 4,350,000 for Defendant B as the Seoul Eastern District Court gold No. 142 in 2015.

[Ground of Recognition] With respect to Defendant B, F, and G: The absence of dispute, each entry in Gap 1-8, Eul 1-4 (including branch numbers), the purport of the entire pleadings, as to Defendant C, D, and E: A confession pursuant to Article 150 of the Civil Procedure Act

2. Determination

A. (1) According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval of a management and disposal plan is publicly announced pursuant to Article 49(3) of the same Act, the owner, superficies, leasee, right holder, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of public announcement of relocation under Article

(2) According to the above facts, since the Plaintiff’s management and disposal plan was authorized and announced, the Defendants, who are the lessees of real estate in the project implementation district, are special.

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