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(영문) 서울서부지방법원 2014.07.10 2013가단246376
건물명도
Text

1. The first floor of the real estate in the separate sheet against the Plaintiff (Counterclaim Defendant)

(a) annex.

Reasons

1. Basic facts

A. The Plaintiff is the implementer of the urban environment rearrangement project in the Class I area around C building that is located in Yongsan-gu Seoul Metropolitan Government as a project implementation district, and was authorized to implement the project on February 28, 2013. On July 25, 2013, the authorization for the implementation of the project was obtained from Yongsan-gu Seoul Metropolitan Government. On July 25, 2013, the head of Yongsan-gu Seoul Metropolitan Government publicly announced the management and disposal plan on July 25, 2013 pursuant to Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Defendant, among the first floor above the ground of the real estate listed in the separate sheet located in Zone One Urban Environment Rearrangement Project Zone in the area adjacent to Cbuilding, entered into a lease agreement with each of the following points in sequence: 21, 22, 23, 3, 24, 25, 26, and 21 indicated in the separate sheet indicating the items in the separate sheet; 37.3 square meters of the store located in the (A) section of the attached sheet; 27, 28, 21, 26, 25, 24, 29, and 27 of the appraisal drawing indicating the separate sheet; and 21 square meters of the store located in the ship; 30, 31, 22, 21, 28, and 30 of the separate sheet connecting each point in sequence with the owner of the building (B); and 7.1 square meters of the attached sheet, 31, 32, 23, 222, and 31.

(hereinafter referred to as the “instant store, etc.” is added to all the above stores and warehouses possessed by the Defendant.

On the other hand, the plaintiff attempted to consult with the defendant, but did not reach an agreement, filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City. On November 22, 2013, the local Land Tribunal of Seoul Special Metropolitan City rendered an adjudication of expropriation of KRW 14,443,140 for the defendant's compensation date and KRW 14,43,140 for the defendant.

Accordingly, on January 10, 2014, the Plaintiff deposited the above compensation for losses with the Seoul Western District Court Decision 2014 No. 0106, Jan. 10, 2014, which was set by the date of commencement of expropriation.

[Reasons for Recognition]: Each entry of Gap evidence Nos. 1 through 24 (including paper numbers) and the purport of the whole pleadings.

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