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(영문) 서울서부지방법원 2018.02.06 2017가단216403
건물명도(인도)
Text

1. Of the buildings listed in the attached Table 1 list to the Plaintiff:

A. Defendant B’s ground floor;

B. The defendant C shall be distinguished from the territory of the Republic of Korea.

Reasons

1. Claim against Defendant B and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 and Article 150 of the Civil Procedure Act);

2. Claim against Defendant D

A. There is no dispute between the parties to the judgment as to the cause of the claim, or according to Gap evidence 1 to 7, Gap evidence 8-4, and the purport of the whole pleadings, the facts of the cause of the claim in the attached Form are acknowledged.

When the approval of the management and disposal plan under Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9729, May 27, 2009; hereinafter “Urban Improvement Act”), is publicly notified, the use and profit-making by the right holder, such as the owner, superficies, leasee, and lessee of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant whose use and profit-making are suspended pursuant to the public notice of the approval of the management and disposal

B. As to the Defendant’s assertion, the Defendant asserted to the effect that the Defendant cannot deliver the pertinent real estate as it did not find the place of directors because the amount of compensation received from the Plaintiff is too small.

The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter referred to as the "Land Compensation Act") which applies mutatis mutandis to the expropriation of land, etc. for the implementation of urban rearrangement projects, etc.

According to the Act, in cases where a project operator pays or deposits the compensation not later than the commencement date of expropriation as determined by the adjudication of the competent Land Tribunal, the effect of the adjudication of expropriation takes place. As such, the project operator finally acquires the ownership of the land or goods subject to expropriation at the commencement date of expropriation, and the landowner, etc. by the commencement date

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