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(영문) 서울중앙지방법원 2016.06.01 2015가단5258731
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet;

B. Defendant C shall have two floors among the buildings listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association with approximately 11,058 square meters of approximately 11,058.7 square meters in Seoul Jongno-gu, Jongno-gu, Seoul, including the site of the building indicated in the attached list (hereinafter “instant real estate”).

The head of Jongno-gu Seoul Metropolitan Government issued a disposition to authorize the project implementation on November 22, 2013, and issued a disposition to approve the management and disposal plan on June 26, 2015, and announced the details of the authorization of the management and disposal plan on July 10, 2015.

B. Defendant B becomes the owner of the instant real estate subject to cash liquidation under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents because he did not apply for parcelling-out within the period of application for parcelling-out, and Defendant C and D occupy the second floor among the instant real estate as the lessee, and Defendant D occupy the first floor among the instant real estate.

C. The Plaintiff filed an application for adjudication to expropriate the instant real estate owned by the Defendant B with the competent local Land Tribunal in order to not reach an agreement on the amount of liquidation with the Defendant B. On October 30, 2015, the Seoul Regional Land Tribunal made a adjudication to expropriate the instant real estate on December 18, 2015. On December 16, 2015, the Plaintiff deposited KRW 228,786,550 in total of the compensation for expropriation under the said adjudication to the Defendant B on December 16, 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 17 evidence (including additional number), the purport of the whole pleadings

2. The assertion and judgment

A. When the determination of the cause of the claim and the public notice of the authorization of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the use and profit-making by the right holders, such as the owner, superficies, leasee, and lessee of the previous land or building, shall be suspended, and the project implementer shall be able to use and profit-making therefrom (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Accordingly, the use and profit-making as the owner or lessee shall be suspended in accordance

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