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(영문) 서울북부지방법원 2016.03.25 2015나35872
건물명도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of premise;

A. The plaintiff is a housing redevelopment and maintenance project association that has obtained various authorization from the head of Seongbuk-gu Office in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the major progress of the implementation procedure is as follows.

B. Defendant B is the owner of the instant real estate within the pertinent business zone, and is subject to cash settlement leased the leased object to Defendant C, and the Plaintiff applied for expropriation to the local Land Tribunal of Seoul Special Metropolitan City on the ground that the agreement on cash settlement with Defendant B was reached.

C. On August 22, 2014, the Expropriation Committee rendered a ruling of expropriation as of October 10, 2014, on the compensation for losses for the above real estate, etc., and the date of expropriation as of October 10, 2014. The Plaintiff deposited the full amount of compensation for the Defendant B on the date of the commencement date of expropriation, and Defendant C currently occupies the leased object.

[The main progress table of the project implementation procedure] The details of the project implementation plan on December 27, 2011 for the establishment of the project implementation plan (hereinafter “the first implementation plan”) on December 28, 2012 for the establishment of the project implementation plan (hereinafter “the first implementation plan”) on December 23, 2012, the first implementation plan (the improvement project cost of KRW 515,06,254,836) was approved on October 24, 2013 (the improvement project cost of KRW 613,970,895,49, the modified project implementation plan of KRW 613,970,89, the changed implementation plan of the project; the above general meeting’s implementation plan of December 27, 2013 (hereinafter “the first implementation plan”); the purpose of the amendment of the management and disposition plan including the first implementation plan of KRW 517,546,88,947, the first implementation plan of the project; the purpose of the amendment of the plan to 20194.6

2. A management and disposal plan is authorized pursuant to Article 49(3) of the Act on the Determination of Grounds for Claims.

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