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(영문) 서울중앙지방법원 2015.09.24 2015가단5013037
부동산인도
Text

1. The plaintiff, Defendant B, and the annexed list

1. The real estate recorded, and the defendant C shall be listed in the annexed sheet;

2. The foregoing real estate, defendant.

Reasons

1. The Plaintiff is a housing redevelopment project partnership that completed establishment registration after obtaining authorization for establishment on August 31, 2010 for the implementation of housing redevelopment project for one thousand square meters in Jung-gu, Seoul and 11,319 square meters.

On February 1, 2012, the Plaintiff announced the project implementation authorization on February 3, 2012.

In addition, on November 28, 2014, the Plaintiff received the approval of the management and disposal plan and notified the approval of the management and disposal plan on December 3, 2014.

The defendants occupy the real estate located in the plaintiff's project implementation district as a tenant, and the defendant B list

1. The real estate recorded, and the defendant C shall be listed in the annexed sheet;

2. The real estate stated above, and the defendant D shall list in annexed Form.

3. Possession of each stated real estate.

The Plaintiff filed an application for adjudication to compensate the Defendants for business losses, and the Seoul Special Metropolitan City Regional Land Tribunal rendered the adjudication on June 26, 2015, and the Plaintiff deposited the compensation with the Defendants on July 10, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 14, Gap evidence 15-1, 2, Eul evidence 1, 2, Eul evidence 1, 1 and 2, and the purport of the whole pleadings

2. The decision of the management and disposal plan was publicly notified, and the Plaintiff deposited the adjudication compensation and completed the compensation procedure under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

Therefore, the use and profit-making of each of the Defendants' possession of real estate was suspended, and the Plaintiff became able to use and benefit from each of the above real estate.

(See Supreme Court Decision 2009Da28394 Decided November 24, 201, etc.) (see, e.g., Article 49(6) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and Supreme Court Decision 2009Da28394).

On the other hand, Article 88 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor provides that an objection against the ruling does not suspend the progress of the project or the expropriation or use of the land.

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