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(영문) 서울북부지방법원 2019.06.14 2018가단108756
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B is the real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

A) According to the Housing Redevelopment Improvement Project, the Seoul Dongdaemun-gu Seoul Dongdaemun-gu project implementation district consisting of 53,149.50 square meters in size (hereinafter “instant rearrangement Project”).

In order to carry out the project, the establishment of the association is approved by the head of Dongdaemun-gu Seoul Metropolitan Government on September 4, 2008 (hereinafter referred to as "the establishment of the association of this case").

(2) On September 29, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of Dongdaemun-gu Seoul Metropolitan Government pursuant to Article 48(1) of the Act on the Maintenance and Improvement of Urban Areas, and the management and disposal plan was publicly announced as G public announcement of Dongdaemun-gu Seoul Metropolitan Government on October 12, 2017.

3) The Defendants are the occupants of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) in the zone where the instant improvement project is implemented. (b) Defendant B, E, and the Plaintiff filed an application for a ruling of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee, in order to have no agreement on the payment of damages with Defendant B, E, and the compensation for losses. On January 25, 2019, the Defendants deposited KRW 5,270,000 for the date of commencement of expropriation with the said Committee on March 15, 2019, as well as KRW 34,340,000 for the business compensation for Defendant B, and deposited KRW 5,270,00 for each of the instant real estate as deposited on March 14, 2019 with Defendant B as deposited on account of Defendant B as deposited on March 14, 2019, and deposited KRW 300,340,000 for each of the instant cases as deposited on the same date.

2. On February 22, 2019, the Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Tribunal, which did not consult with Defendant C on the compensation for losses, and made compensation, such as relocation expenses, to Defendant C, on April 12, 2019, by the committee.

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