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(영문) 서울북부지방법원 2016.04.14 2015가단13871
건물인도
Text

1. The defendant shall provide the plaintiff with the Seongbuk-gu Seoul (Road Name Address: Seongbuk-gu Seoul Metropolitan Government D) ground D) The steel bars.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 5.

The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) with the size of 89,853.4 square meters in Seongbuk-gu Seoul E-won as a project implementation district, and was authorized by the head of Seongbuk-gu Seoul Metropolitan Government to establish the association on April 21, 2009, to approve the project on April 21, 2009, to approve the project on April 4, 2013, and to approve the management and disposal plan on December 22, 2014, and publicly notify each

B. However, there is no agreement between the Defendant and the Plaintiff on the compensation for loss of goodwill between the Plaintiff and the Defendant who operated the instant real estate (hereinafter “instant real estate”) located within the instant rearrangement project implementation zone, and the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal of Seoul Special Metropolitan City. On June 26, 2015, the said expropriation committee decided to expropriate the Defendant’s business rights by setting the compensation amount of KRW 3760,00 and the date of commencement of expropriation as of August 14, 2015.

C. On August 4, 2015, the Plaintiff deposited 3,3760,000 won as compensation for losses under the above confinement ruling with the Defendant as the principal deposit.

The defendant occupies the building of this case until the date of closing the argument of this case.

2. Determination

A. Judgment on the cause of the claim 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 49 (6) provides that "When a management and disposal plan has been authorized and such public announcement has been made, any right holder, such as the owner, lessee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54: Provided, That this shall not apply to cases where a right holder has not completed the compensation for losses under Article 40 or the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

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