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(영문) 서울서부지방법원 2017.06.14 2016가단248939
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet;

B. Defendant C is the second floor of the building indicated in the separate sheet 45.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is a project implementation district of Mapo-gu Seoul Metropolitan Government A Housing Redevelopment and Rearrangement Project (hereinafter “instant rearrangement Project”) whose project implementation district covers 87,840 square meters in Mapo-gu Seoul Metropolitan Government D.

(2) On June 5, 2014, the head of Mapo-gu Seoul Metropolitan Government announced the implementation authorization and announcement of the rearrangement project of this case, and around December 2015, the management and disposal authorization and announcement of the rearrangement project of this case were made.

3) Buildings listed in the separate sheet (hereinafter “instant building”)

(4) Defendant B is in the business territory of the instant rearrangement project and possessed as the owner of the instant building (person responsible for cash clearing), and Defendant C is occupying and using the instant building on a lease of 45.76 square meters on the second floor among the instant buildings.

5) On April 22, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation of the instant building and its site as of June 10, 2016. On June 3, 2016, the Plaintiff deposited KRW 411,292,00 for compensation as stipulated in the above adjudication of expropriation in the Defendant B (this Court No. 2643) (No. 2643) / [Grounds for Recognition] / The fact that there is no dispute over the instant building and its site, Gap evidence 1 through 8 (including the serial number, the purport of the entire pleadings, and the purport of the whole pleadings.

B. Determination 1) Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official report of the relevant local government." The main sentence of paragraph (6) of the same Article provides that "when a public announcement is made pursuant to paragraph (3), the owner, superficies, leasee, leasee, etc. of the previous land or structure shall not use or profit from the previous land or structure until the date of public announcement of relocation under Article 54."

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