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(영문) 서울북부지방법원 2015.08.18 2015가단102979
건물명도
Text

1. The plaintiff

A. Defendant B shall have the buildings listed in the attached list

B. Defendant C shall be attached to the first floor of the building listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers 5,523 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul. The Plaintiff obtained authorization for the implementation of the project on February 27, 2009 from the head of Dongdaemun-gu Seoul Metropolitan Government; the authorization for the implementation of the project on May 1, 2014; and the authorization for the implementation of the project on February 3, 2014 under Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Dongdaemun-gu Seoul Metropolitan Government publicly notified the details of the authorization for the management and disposal plan on February

B. Defendant B is the owner of the building indicated in the separate sheet located within the said project implementation district, and Defendant C is the lessee who leased the portion indicated in the separate sheet No. 2, 3, 4, 5, and 2 among the 1st floor of the building indicated in the separate sheet from Defendant B, and leased the 36.54 square meters indicated in the separate sheet No. 36.54 square meters among the buildings indicated in the separate sheet No. 2, 3, 4, 5, and 2, Defendant D leased the 64.60 square meters of the third floor from Defendant B, and Defendant E leased the 40.00 square meters of the 4th floor

C. On April 24, 2015, the Plaintiff deposited KRW 639,175,080 for the compensation of expropriation in June 3, 2015 by the Seoul Special Metropolitan City Regional Land Tribunal.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. Determination

A. When the approval of the management and disposal plan is announced, the owner, superficies, leaseer, etc. of the previous land or structure may not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents). According to the above facts, the Defendants occupied each of the above real estate located within the project implementation district, and thus, the Defendants are

(b) Defendant B and D shall make an expropriation ruling and compensation.

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