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(영문) 서울북부지방법원 2015.10.16 2014가단29657
건물인도
Text

1. The Defendants shall deliver to the Plaintiff the buildings listed in the attached list (2).

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

3.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) with a project implementation district of the Seongbuk-gu Seoul Seongbuk-gu Seoul Metropolitan Government D Japan scale of 104,979 square meters as a project implementation district. The Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government for the establishment of the association on June 25, 2009, the establishment of the association on October 23, 2012, the implementation of the project on October 23, 2012, and the implementation of the project on November 7, 2013, respectively. The head of Seongbuk-gu Office approved the management and disposal plan formulated by the Plaintiff on April 24, 2014,

B. Defendant B was the Plaintiff’s partner as the owner of the building indicated in the separate sheet (2) (hereinafter “instant building”), but did not apply for parcelling-out during the period of application for parcelling-out, and occupied and used each of the above buildings until the date of closing argument in the instant case. Defendant C leased and occupied, occupied, and used the instant building from Defendant B.

C. The Plaintiff filed an application for adjudication of expropriation with the Seoul Regional Land Tribunal as it did not reach an agreement on the sale of the instant building with Defendant B. On August 22, 2014, Seoul Regional Land Tribunal decided on October 10, 2014 on the commencement date of expropriation of the instant building.

Accordingly, on October 8, 2014, the Plaintiff deposited the full amount of compensation for losses under the above expropriation ruling with Defendant B.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. Determination

(a) Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date when the management and disposal plan is authorized and publicly notified, the owner, lessee, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement

Provided, That this shall not exceed Article 40 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects with the consent of a project implementer or for Article 40.

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