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(영문) 서울서부지방법원 2015.01.14 2014가단26678
건물명도
Text

1. The Defendant shall deliver to the Plaintiff one story of 135.74 square meters among the real estate listed in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an urban environment rearrangement project association established for the purpose of implementing an urban environment rearrangement project in districts No. 54 of Mapo-gu, Seoul, with the size of 5,000 square meters as a project implementation district of Mapo-gu.

B. The head of Mapo-gu Seoul Metropolitan Government approved the establishment of the Plaintiff on June 7, 2010; the authorization to implement the project on April 5, 2012; and the authorization to implement the management and disposal plan on March 20, 2014; and publicly notified the details thereof.

C. Of the real estate indicated in the attached list, the 135.74 square meters of the 1st floor (hereinafter “instant real estate”) is located within the said rearrangement project implementation zone, and the Defendant leased and occupied the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, since the management and disposal plan for the plaintiff by the head of Mapo-gu Seoul Metropolitan Government was publicly notified, it is reasonable to view that the defendant, the lessee of the building located within the rearrangement project zone from that time under Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, lost the right to use the real estate in this case and the plaintiff acquired the right to use

B. The Defendant’s argument regarding the Defendant’s assertion that the Plaintiff could not comply with the Plaintiff’s claim because it did not provide any reasonable business compensation even though the expenses incurred in operating the C store in the instant real estate. Therefore, in full view of the overall purport of the pleadings in the Plaintiff’s written evidence Nos. 6-1, 2, and 7, the Seoul Regional Land Expropriation Committee rendered an adjudication on Sept. 26, 2014 at the Seoul Special Metropolitan City Land Expropriation Committee’s regional Land Expropriation Committee on Sept. 26, 2014, and the Plaintiff deposited total amount of KRW 141,280,000 against the Defendant on Nov. 12, 2014 according to the above recognition. Accordingly, according to the above recognition, the Defendant’s compensation for losses is assessed against the Defendant.

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