logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.12.21 2016가단31876
건물명도
Text

1. Of the real estate indicated in Attachment 1’s indication to the Plaintiff:

A. Defendant B, C, and D are marked with annexed drawings 1, 2, and 1 of the first floor.

Reasons

1. The following facts may be acknowledged in full view of the descriptions of Gap evidence Nos. 1, 2, 3, 5, 8, and 9 and the purport of the whole pleadings.

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

B. Defendant B, C, and D are ordered to do so under Section 1-A.

The real estate mentioned in paragraph (1), Defendant E shall be subject to the disposition of this case.

The real property described in paragraph (1), Defendant F, and G are subject to Section 1-C.

The real estate stated in paragraph (1) is currently occupied and used by the owner, and the 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 Regional Land Tribunal made a ruling of expropriation of real estate stipulated in the main sentence of paragraph (1) (hereinafter “instant ruling of expropriation”) on September 15, 2017 for the Plaintiff’s improvement project. Accordingly, the Plaintiff deposited (Defendant B26,792,00 won, Defendant C24,494,000 won, Defendant D27,454,00 won, Defendant E34,645,000 won, Defendant F36,247,00 won, and Defendant F, 36,247,000 won).

2. Determination

A. When the public notice of the management and disposal plan is given pursuant to Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the use and profit 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 and profit from the former land

Therefore, the Defendants acquired the right to use and benefit in accordance with the notice of the instant administrative disposition plan.

arrow