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(영문) 서울서부지방법원 2015.09.10 2015가단206426
건물명도
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the Eunpyeong-gu Seoul Metropolitan Government Housing Redevelopment and Improvement Project Association whose project implementation district covers 66,094 square meters of land in Eunpyeong-gu.

On April 12, 2006, the head of Eunpyeong-gu Seoul Metropolitan Government announced the public inspection of residents of the improvement plan for the designation of the improvement zone; on August 16, 2007, the designation of the improvement zone was made; on May 26, 201, the project implementation authorization was issued; on August 14, 2014; and on November 27, 2014, the management and disposal plan was publicly notified.

B. The Defendant is the owner of each real estate listed in the separate sheet in the rearrangement project zone (hereinafter “instant real estate”), who is subject to cash settlement.

C. The Plaintiff filed an application for adjudication with the Seoul Special Metropolitan City Regional Land Expropriation Committee, as it did not reach an agreement on compensation for losses with the Defendant for each real estate.

On April 24, 2015, the Expropriation Committee decided on June 12, 2015 to expropriate the defendant's real estate. D.

On June 5, 2015, the Plaintiff deposited KRW 412,649,850 of the compensation determined by the ruling of the said confinement committee.

[Grounds for Recognition: Entry in Evidence Nos. 1 through 13 and the purport of the whole pleadings]

2. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or profit from the previous land or buildings until the date of public announcement of relocation under Article 54 of the same Act when a management and disposal plan has been authorized and publicly announced: Provided, That the same shall not apply to the case of the right holder whose consent has been obtained from the project implementer or whose compensation has not been completed under Article 40 of the same Act and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. Thus, the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is authorized and publicly announced,

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