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(영문) 서울서부지방법원 2015.07.22 2015가단206129
건물명도
Text

1. The Defendant shall deliver to the Plaintiff (i) the housing of Eunpyeong-gu Seoul Metropolitan Government C large 96 square meters and the above ground floor and the flat 2nd floor.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project area covers 66,094 square meters in Eunpyeong-gu Seoul Metropolitan Government. The Plaintiff obtained authorization for the implementation of the project on May 26, 201 from the head of Eunpyeong-gu Seoul Metropolitan Government, the authorization for the implementation of the project on November 28, 201, and the authorization for the implementation of the project on November 27, 2014, and the head of Eunpyeong-gu announced the details of the authorization for the management and disposal plan on November 27, 2014.

B. (i) The Defendant is a person who owns a house located in the Plaintiff’s rearrangement zone of Eunpyeong-gu Seoul Metropolitan Government C large 96 square meters and Dolle 2nd floor (hereinafter “instant real estate”) and resides therein.

C. The Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on compensation for the instant real estate between the Defendant. On April 24, 2015, the said Committee rendered a ruling of expropriation that, on June 12, 2015, the Plaintiff accepted each land and obstacles within the project zone, and among which, the amount of compensation for the Defendant’s compensation is determined as KRW 264,43,90.

On May 20, 2015, the Plaintiff deposited KRW 264,433,90 for the Defendant’s compensation for losses pursuant to the above acceptance ruling.

(Seoul Western District Court 2015No. 2097). D.

On June 24, 2015, the Plaintiff deposited KRW 17,540,658 (i.e., relocation settlement funds of KRW 11,421,210,210, relocation expenses of KRW 4,711,642, relocation expenses of movables of KRW 1,407,806).

(Seoul Western District Court No. 2015No. 2753). [Grounds for Recognition] Items A to 13 and the purport of the whole pleadings

2. Determination

A. Cause of claim: (i) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall use the previous land or buildings until the date of public announcement of transfer under Article 54 when the approval of management and disposal plan is publicly announced.

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