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(영문) 서울북부지방법원 2016.05.13 2015가단13987
건물인도
Text

1. The Defendant shall deliver to the Plaintiff one story of 73.98 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 the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment and rearrangement project with the size of 89,853m2 as a project implementation district of Seongbuk-gu.

The Plaintiff was authorized by the head of Seongbuk-gu Seoul Metropolitan Government to establish an association on April 21, 2009, the authorization to implement the project on April 4, 2013, and the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 22, 2014.

The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the management and disposal plan on December 26, 2014.

B. The Defendant occupies 73.98 square meters of the real estate listed in the attached list in the said project implementation district (hereinafter “instant real estate”).

C. On June 26, 2015, the Seoul Special Metropolitan City Regional Land Tribunal rendered an adjudication to accept the instant real estate by stipulating on August 14, 2015 the date of commencement of expropriation as “the date of commencement of expropriation shall be August 14, 2015, and compensation for losses shall be KRW 39,800,000.”

On August 4, 2015, the Plaintiff deposited KRW 39,800,000 as compensation for losses with the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When a management and disposal plan has been authorized and such public announcement has been made, the owners of the previous land or buildings, lessees, etc. shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54: Provided, That this shall not apply to a right holder whose compensation has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.”

According to the above facts of recognition, the plaintiff is subject to the Act on the Maintenance and Improvement of Urban Areas after the public notice of approval of the management and disposal plan.

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