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(영문) 서울북부지방법원 2016.01.13 2014가합5658

건물명도등

Text

1. The Plaintiff:

(a) Defendant B real estate listed in the separate sheet Nos. 1 and 2;

B. Defendant C is indicated in the separate sheet No. 2.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a housing redevelopment improvement project with the size of 32,729.70 square meters in Dongdaemun-gu Seoul Metropolitan Government as a project implementation district (hereinafter “instant rearrangement project”).

(1) As an association established on August 3, 2007 for the enforcement of the project, the authorization of the project implementation on April 9, 2009 by the head of the competent Gu (hereinafter referred to as “the first authorization of implementation”) shall be deemed to have been granted.

A. A. On July 26, 2013, the amendment to the project implementation of the project on July 26, 2013 (hereinafter referred to as the “instant amendment”).

(2) On April 14, 2014, Defendant B obtained the authorization of a management and disposal plan on April 14, 2014, and the above head of the Gu publicly announced the contents of the management and disposal plan approved on April 17, 2014. (2) Defendant B was the owner and possessor of the 3 and 4 real estate indicated in the attached list, and Defendant D was the Plaintiff’s members. The person subject to cash settlement due to failing to file an application for parcelling-out. Defendant C was the owner and possessor of the 3 and 4 real estate indicated in the attached list. Defendant C had connected each point of 1,2,3,4,5,000 square meters of the attached list 1,2,3,5,000 square meters of the 3rd floor of the 2nd real estate indicated in the same list, and Defendant E occupies it as each lessee of the 4th real estate listed in the attached list, and each real estate listed in the attached list (hereinafter referred to as “each real estate”).

3) On May 22, 2015, the Plaintiff filed an application for each expropriation ruling with Defendant B and Defendant D to obtain a expropriation ruling on each of the above real estate (the date of commencement of expropriation on July 10, 2015: hereinafter referred to as “the date of expropriation”) and received a expropriation ruling from the local Land Tribunal of Seoul Special Metropolitan City.

(2) The amount of each compensation for losses as set out in the above ruling was paid (Defendant B, June 22, 2015) or deposited (Defendant D, July 1, 2015) (based on recognition; Defendant 1, based on recognition);

3.: Defendant 2. each entry in the evidence Nos. 1 through 4, 6, 7, 9, 21 through 26, and 1, 2, and 8, and the purport of the whole pleadings, without any dispute;

4.: Each confession shall be deemed to be made;