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(영문) 서울북부지방법원 2016.06.21 2015가단18371
건물명도
Text

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

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the Seongbuk-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment and rearrangement project with the size of 89,853m2 as a project implementation district of Seongbuk-gu.

The Plaintiff was authorized by the head of Seongbuk-gu Seoul Metropolitan Government to establish an association on April 21, 2009, the authorization to implement the project on April 4, 2013, and the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on December 22, 2014.

The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the management and disposal plan on December 26, 2014.

B. The Defendant occupies each of the above buildings as the owner of each building listed in the separate sheet in the project implementation district (hereinafter “each of the buildings of this case”).

C. On June 26, 2015, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling to expropriate each building of this case for the above improvement project and set compensation for losses against the Defendant upon the Plaintiff’s application for adjudication of expropriation.

The Plaintiff deposited compensation for losses with the Defendant as a depositee before the date of commencement of expropriation ( August 14, 2015) prescribed in the above ruling.

[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 this shall not apply to cases where a right holder with no consent from a project operator or compensation for losses under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor has been completed.”

According to the above facts, the management and disposal plan under the Urban Improvement Act is authorized and announced publicly.

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