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(영문) 서울북부지방법원 2015.09.10 2014가단30084
건물인도
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in [Attachment] Section 2;

B. Defendant C shall set out in attached list 2.

Reasons

1. Claim against Defendant C

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

(b) Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant B

A. The following facts can be acknowledged in full view of the purport of the entire pleadings in each of the evidence Nos. 1 and 11, which is acknowledged as facts Gap.

1) The Plaintiff’s act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

A) Pursuant to the Seongbuk-gu Seoul Metropolitan Government Ordinance on the Improvement of Housing Redevelopment with respect to the size of 104,979.30 square meters, the association is established to implement the Housing Redevelopment Improvement Project on June 25, 2009, the establishment authorization was granted by the head of Seongbuk-gu Seoul Metropolitan Government, the project implementation authorization was granted on October 23, 2012, the project implementation authorization was granted on November 7, 2013, and the management and disposal plan was issued on April 24, 2014, and the management and disposal plan was publicly notified on the same day. (2) Defendant B owns the real estate (hereinafter referred to as “instant real estate”).

3. On October 24, 2014, the Seoul Special Metropolitan City Regional Land Tribunal decided to expropriate the instant real estate on December 12, 2014 by determining the commencement date of expropriation. Accordingly, on October 24, 2014, the Plaintiff deposited the compensation for losses as stipulated in the above expropriation ruling with Defendant B.

B. Article 49(6) of the Act on the Determination of Grounds for Claims provides that “When a management and disposal plan has been authorized and such public notice has been given, the owners, lessees, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54: Provided, That this shall not apply to a right holder whose compensation has not been completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.”

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

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