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(영문) 서울북부지방법원 2020.02.14 2019가단128184
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is the building listed in the attached Table 3;

B. Defendant C shall be the building listed in the attached Table 4.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

(2) A housing redevelopment and rearrangement project (hereinafter referred to as “instant rearrangement project”) in Seongbuk-gu Seoul E Headquarters as a project implementation district.

In order to implement the association, the establishment of the association is approved by the head of Seongbuk-gu Seoul Metropolitan Government on July 19, 2010 (hereinafter referred to as "the establishment of the association of this case").

(2) On August 30, 2018, the Plaintiff obtained an approval of the management and disposal plan from the head of Seongbuk-gu Seoul Metropolitan Government pursuant to Article 48(1) of the Act on the Maintenance and Improvement of Urban Areas, and the management and disposal plan was publicly announced as the Seongbuk-gu Seoul Metropolitan Government Public NoticeF on September 6, 2018.

3) The Defendants are business owners who possess and operate each building listed in the separate sheet (hereinafter “each building of this case”) located within the zone where the instant improvement project is implemented. B. On July 26, 2019, the Plaintiff, such as deposit with the Defendants, filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City (hereinafter “instant adjudication of expropriation”) on September 27, 2019, and received the adjudication of expropriation with the expropriation commencement date set by the committee on September 27, 2019 (hereinafter “instant adjudication of expropriation”). On September 26, 2019, Defendant B deposited the compensation amount of KRW 29,945,000 with the compensation amount of KRW 3629,00 in this Court. On September 26, 2019, the Plaintiff directly paid KRW 31,675,000 to Defendant C on September 26, 2019, the Plaintiff and Defendant C’s number 1 to 30, each of the instant adjudication number No.

2. Determination:

A. Article 49 of the Act on the Improvement of Urban Areas and Dwelling Conditions as to the grounds for the claim.

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