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(영문) 서울서부지방법원 2020.10.28 2019가단270982
건물인도
Text

The Plaintiff, the Defendant B, the real estate listed in the attached Table 1, the real estate listed in the attached Table 2, and the Defendant D.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project association that obtained approval from the head of Yongsan-gu Seoul Metropolitan Government on June 17, 201 to implement an urban improvement-type redevelopment project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on a scale of approximately 6,122.7 square meters of land outside Yongsan-gu Seoul, Yongsan-gu and six lots.

Defendant B is a person who leases and occupies the real estate listed in the separate sheet No. 1; Defendant C is the real estate listed in the separate sheet No. 2; Defendant D is the real estate listed in the separate sheet No. 3; Defendant E is the real estate listed in the separate sheet No. 4; Defendant F is the real estate listed in the separate sheet No. 7; Defendant G is the real estate listed in the separate sheet No. 8 (hereinafter “each of the instant real estate”).

B. On December 10, 2019, the Plaintiff received an approval for the management and disposal plan from the head of the Gu, and the details thereof were publicly notified in the Official Gazette on December 13, 2019.

C. On July 24, 2020, the Plaintiff filed an application for adjudication of expropriation with the Defendant, which did not reach an agreement on compensation for losses, and received the adjudication of expropriation on September 11, 2020 with respect to each of the pertinent real estate from the local Land Tribunal of Seoul Special Metropolitan City, which decided on September 11, 2020. On August 11, 2020, the Plaintiff deposited all compensation for losses (business compensation) for each of the instant real estate in accordance with the said adjudication of expropriation with the Defendants as the deposited parties.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. According to the main sentence and proviso of Article 81 (1) and Article 81 (2) of the Act on the Maintenance of Small and Medium Enterprises, any right holder, such as owners, superficies, persons having a right to lease and lease of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of the approval of the management

However, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) shall apply.

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