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(영문) 서울북부지방법원 2016.04.21 2015가단20725
건물명도
Text

1. The plaintiff

A. Defendant B shall list the annexed sheet

1.A building to be described:

B. The defendant C shall list the attached list

2. The buildings described, c.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project with the size of 89,853.4 square meters in Seongbuk-gu Seoul E-Gu as a project implementation district; the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on April 21, 2009; the authorization for the establishment of the association was granted on April 11, 2013; the authorization for the implementation of the project was granted on December 26, 2013; the management and disposal plan was approved pursuant to Article 49 (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”); and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the above management and disposal plan on December 26, 2015.

B. The Defendants owned each of the pertinent buildings listed in paragraph (1) of this Article (hereinafter “each of the instant buildings”) located in the project implementation district.

C. On April 2015, the Plaintiff filed an application for adjudication on the compensation for losses with the Seoul Special Metropolitan City Regional Land Tribunal, and received the adjudication of expropriation on June 26, 2015, and accordingly, deposited the compensation for losses to the Defendants on August 11, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When a management and disposal plan is authorized and such public notice has been given, 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 notice of relocation under Article 54: Provided, That the same shall not apply to a right holder whose consent has been obtained from a project operator or whose compensation has not been completed under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor

According to the above facts, since the plaintiff completed the compensation for losses as stipulated in the proviso of Article 49(6) of the Urban Improvement Act after the management and disposal plan under the Urban Improvement Act was authorized and publicly announced, the defendants are the project implementer.

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