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(영문) 서울서부지방법원 2016.02.05 2015가단230115

건물명도

Text

1. The plaintiff, the defendant B and C shall be the building listed in the attached Table No. 1, and the defendant D shall be the building listed in the attached Table No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers 63,231 square meters in Eunpyeong-gu Seoul Metropolitan Government. The Plaintiff received the authorization of project implementation on September 26, 2013 from the head of Eunpyeong-gu Seoul Metropolitan Government, and the approval of the management and disposal plan on May 7, 2015, respectively. The head of Eunpyeong-gu publicly notified the details of the authorization of the management and disposal plan on

The defendants possess each building indicated in the order of the plaintiff's redevelopment project zone and have become a person eligible for cash liquidation because they failed to apply for parcelling-out within the period of application for parcelling-out.

B. At the request of the Plaintiff, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on July 24, 2015, on September 11, 2015, on which the commencement date of expropriation was decided on July 24, 2015.

On September 8, 2015, the Plaintiff deposited KRW 900,901,650 to Defendant B, KRW 847,491,650 to Defendant C, KRW 312,15,370 to Defendant D, KRW 138,735,140 to Defendant E, KRW 138,713,80,840 to Defendant F, KRW 204,00 to Defendant G, and KRW 314,50,000 to Defendant H, respectively.

C. In addition, on December 9, 2015 and January 11, 2016, the Plaintiff deposited KRW 13,808,865 to Defendant B, KRW 18,646,641 to Defendant F, KRW 21,167,157 to Defendant G, and KRW 816,419 to Defendant H, respectively.

Grounds for Recognition: Each entry and the purport of the whole pleadings of Gap, Gap 2-1, Eul 2, Eul 3, Gap 4-1 through 7, Gap 14-1 through 3, and Gap 19

2. When the approval of a management and disposal plan prescribed in Article 49 (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is publicly announced, use or profit-making of the owners, etc. of the previous land or buildings shall be suspended pursuant to paragraph (6) of the same Article, and the project implementer

Therefore, the Defendants are obligated to deliver each owned building to the Plaintiff as the project implementer.

Defendant D shall be existing in accordance with the alteration of the urban renewal acceleration plan by the head of Eunpyeong-gu Seoul Metropolitan Government.