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(영문) 서울서부지방법원 2015.08.21 2015가단206006
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which has obtained authorization for establishment and project implementation from the head of Eunpyeong-gu Seoul Metropolitan Government (hereinafter “the head of Eunpyeong-gu”) for the purpose of implementing a housing redevelopment project with respect to A housing redevelopment project area of 66,094

B. The defendant is the owner of the real estate indicated in the attached list located within the plaintiff's improvement project zone (hereinafter "the real estate in this case") and became a cash liquidation subject 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

C. On November 27, 2014, the Plaintiff obtained the approval of the management and disposal plan for A-Housing Redevelopment Project from the head of Eunpyeong-gu, and on the same day, the management and disposal plan was publicly notified.

On April 24, 2015, the Plaintiff filed an application with the competent local Land Tribunal for adjudication of expropriation on the ground that there was no agreement on the purchase of the instant real estate between the Defendant, who is the person subject to cash settlement, and the said Land Tribunal rendered an adjudication of expropriation on April 24, 2015, stating that “the Plaintiff shall expropriate the instant real estate for A Housing Redevelopment Project, and the compensation for the said real estate shall be set at KRW 91,30,000, and the starting date of the expropriation shall be June 12, 2015.”

E. On June 2, 2015, the Plaintiff, on the ground that the Defendant refused to receive KRW 91,300,000 as compensation under the Defendant’s ruling of acceptance, deposited the full amount with the Defendant as the principal deposit.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 13 (including each number of copies), the purport of the whole pleadings]

2. When judgment on the cause of the claim is examined, Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is approved and announced publicly, the owner of the previous land or building, superficies, person holding the right, lease right, etc.

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