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(영문) 서울북부지방법원 2015.03.25 2014가단118199
건물명도
Text

1. The Plaintiff:

(a) Defendant B and C are the buildings listed in the annexed sheet (1);

B. Defendant D shall have the second floor of 74.88 square meters among the buildings listed in the attached Table (2).

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) with a project implementation district of 104,979 square meters in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with the aim of implementing the housing redevelopment improvement project (hereinafter “instant improvement project”), and was authorized by the head of Seongbuk-gu Seoul, for the establishment of the association on June 25, 2009; the implementation of the project on October 23, 2012; and 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 on the instant improvement project; and publicly notified the details thereof on April 24, 2014.

B. Defendant B, the owner of the building listed in the annexed list (1) is a person subject to cash liquidation who did not apply for the application for parcelling-out, and has occupied and used the above building until the date of the closing of the argument in this case. Defendant C leased the above building from Defendant B, and Defendant D and E leased the second floor and the ground floor among the buildings listed in the annexed list (2) from G as the owner of the building, respectively, and has been occupied and used until now.

C. The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, as the Plaintiff did not reach an agreement on the sale of the building in attached Table B with Defendant B, who is subject to cash settlement.

On December 19, 2014, the above confinement committee decided to expropriate the above building as of February 6, 2015. On February 4, 2015, the Plaintiff deposited the full amount of compensation for losses as stipulated in the above confinement ruling with the Defendant B.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1 and 8 (including virtual numbers), and the purport of the whole pleadings

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”) on the grounds of claims cannot use or benefit from the previous land or buildings 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's consent shall be obtained or obtained.

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