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(영문) 서울남부지방법원 2017.02.10 2016가단207915
건물명도
Text

1. The Plaintiff:

A. Defendant B is marked 1, 2, 3, 4, 5, 6, among the real estate listed in the separate sheet 1, as shown in the separate sheet 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Development Project Association established on October 30, 2006 in order to implement a housing redevelopment project as a project implementation district with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government.

B. The Plaintiff was authorized to implement the project on December 21, 2009 by the head of Yangcheon-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was subject to the authorization for the implementation of the project on December 10, 2015, and was publicly notified around that time.

C. The Defendants occupy the housing or commercial tenant of each of the pertinent parts stated in the order within the project implementation district of the said rearrangement project, and the remaining Defendants except Defendant E are those entitled to business loss compensation.

According to the Seoul Special Metropolitan City Regional Land Tribunal's ruling on September 30, 2016 and October 25, 2016 (the date of commencement of expropriation, November 18, 2016, and January 13, 2017), the Plaintiff deposited the amount of compensation for expropriation with H, the owner of real estate listed in the attached Table 5, and the amount of compensation for business loss with respect to Defendant B (35.3 million won), C (23.3 million won), and F (23.8 million won), respectively, on January 11, 2017, the Plaintiff agreed to the amount of compensation for business loss with Defendant D and the amount of compensation for business loss with 24.3 million won.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, 6, 3-3, 6, 5-1, 2, 15, 20, 24, 7-1, 2, 3, and 8, and the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Markets, when a public announcement of approval of a management and disposal plan is made in an urban rearrangement project, the owner of the previous land or building, a lessee, etc. may not use or benefit from the land or building, and the project implementer may use or benefit from the land or building. According to the above facts of recognition, the Defendants are obliged to deliver each corresponding part of the order

3. If so, the plaintiff's claim against the defendants of this case against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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