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(영문) 서울북부지방법원 2015.01.14 2014가단30527 (1)
건물인도
Text

1. The Plaintiff, the Defendant B, and the Defendant C, respectively, are the buildings listed in paragraph 1 of the attached Table, and the buildings listed in paragraph 2 of the same Table.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each description of evidence A Nos. 1 to 8.

The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) with the Seongbuk-gu Seoul Metropolitan Government D Il-gu 104,979 square meters as a project implementation district, and was established on June 25, 2009 by the head of Seongbuk-gu Seoul, the establishment of the association on June 25, 2009; the implementation of the project on October 23, 2012; the implementation of the project on November 7, 2013; and the head of Seongbuk-gu, on April 24, 2014, approved the management and disposal plan formulated by the Plaintiff concerning the instant improvement project; and publicly notified the details on the same day.

B. Defendant B was the owner of each building listed in paragraph (1) of the attached Table No. 1, and Defendant C was the subject of cash settlement as the owner of each building listed in paragraph (2) of the attached Table No. 2 of the attached Table No. 1 (hereinafter “1 and 2 building”), and became the subject of cash settlement, and possessed and used each of the above buildings until the date

C. The Plaintiff filed an application for adjudication of expropriation with the Seoul Regional Land Expropriation Committee as the Defendants, who are subject to cash settlement, did not hold a consultation on the sale of each of the above buildings. On August 22, 2014, Seoul Regional Land Expropriation Committee decided on October 10, 2014 on the commencement date of expropriation of each of the instant buildings.

Accordingly, on October 8, 2014, the Plaintiff deposited the full amount of compensation under the above acceptance ruling with the Defendants.

2. Determination:

A. (1) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the cause of the Plaintiff’s claim cannot use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54, when the management and disposal plan is authorized and the public announcement thereof is made.

Provided, That the project implementer shall obtain consent or Article 40 and 40.

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