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(영문) 서울북부지방법원 2017.12.12 2016가단23103
건물명도
Text

1. The defendant points out of the underground floors of real estate listed in the attached Table 1 list to the plaintiff each point of the attached Form 1, 2, 3, 4, and 1.

Reasons

1. The facts under the recognition of facts are either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1 to 3, 5, 6, 8, 9, 11 (including additional numbers), and the whole purport of the pleadings. A.

The Plaintiff is an organization consisting of owners of land, etc. that engages in urban environment improvement projects by setting the 43,281.8m2 in Dongdaemun-gu Seoul Metropolitan Government as a project implementation district.

B. The Defendant leased and currently occupies and uses the real estate stated in the Disposition No. 1 (hereinafter “instant real estate”), and the said real estate is located in the project implementation district.

C. The head of Dongdaemun-gu Seoul Metropolitan Government announced the Plaintiff’s project implementation on September 11, 2014, and announced it on the same day, and approved the management and disposal plan on November 26, 2015 (hereinafter “the instant management and disposal plan”), and announced it on the same day.

On the other hand, on July 28, 2017, the Seoul Special Metropolitan City Land Tribunal made a ruling of expropriation of the instant real estate on September 15, 2017 (hereinafter “instant ruling of expropriation”) with the starting date of expropriation as of September 15, 2017 for the Plaintiff’s improvement project, and accordingly, on September 13, 2017, the Plaintiff deposited the amount of business compensation determined by the said ruling of expropriation with the Defendant as the depositee.

2. Determination

A. When the public notice of the management and disposal plan stipulated in Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the cause of the claim is given, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall be suspended, and the project implementer may use

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff who acquired the right to use and benefit in accordance with the notice of the instant administrative disposition plan

B. The Defendant’s assertion (i.e., the Defendant is only a partnership for urban environment rearrangement projects, not a partnership for the promotion committee.

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