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(영문) 서울중앙지방법원 2014.07.16 2013나66453
건물명도
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an association established to implement an urban environment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”). The Plaintiff obtained authorization from the head of Jongno-gu for the establishment on December 6, 2006 from the head of the Gu on July 20, 2009; the authorization for the establishment of the association on June 8, 2010; and the authorization for the establishment of the association on September 14, 2010, respectively.

B. On April 4, 2012, the Plaintiff obtained authorization from the head of Jongno-gu from the head of the Gu for the management and disposal plan for the instant project, and the head of Jongno-gu publicly announced the above management and disposal plan on April 6, 2012.

C. The Plaintiff consulted with the relevant owner on the land, etc. in the project implementation district of the instant case, but did not reach an agreement with the Defendant, etc. who owned the instant building, filed an application for adjudication with the Seoul Special Metropolitan City Regional Land Tribunal (hereinafter “Land Tribunal”).

On July 19, 2013, the Land Tribunal rendered a ruling of expropriation on September 6, 2013 with regard to the Defendant, setting the commencement date of expropriation as of September 6, 2013, and set the commencement date of expropriation as of October 11, 2013 (hereinafter “each of the instant rulings”) and made a ruling of expropriation (hereinafter “each of the instant rulings”). The Defendant, etc. raised an objection against the ruling of expropriation as of July 19, 2013, the Central Land Tribunal issued an objection by raising an objection against the said ruling of expropriation as of July 19, 2013, and the Central Land Tribunal raised a difference of 125,50,000 won (the difference of 3,925,000 won (= the difference of 125,500,000 won - the early compensation of 121,575,000 won).

E. According to each of the above rulings, the Plaintiff deposited the Defendant as the depositee and the expenses for the transfer of compensation on the date of the adjudication on compensation for losses (original deposit) as follows:

F. The defendant

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