부동산인도
1. The Plaintiff, and ① Defendant B shall have the entire 1st floor (50.79m2) of the building listed in the attached Table 1., and ② Defendant C shall have the attached Form 1.
1. Determination on both arguments
A. The Plaintiff received authorization from the head of Seongbuk-gu Seoul Metropolitan Government for the establishment of a housing redevelopment and rearrangement project association and authorization for the implementation thereof, respectively, and obtained authorization for the management and disposal plan for policemen on September 19, 2016. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the management and disposal plan approved on September 19, 2016 by the head of Seongbuk-gu Seoul Metropolitan Government. The Plaintiff thereafter deposited some Defendants, etc. as deposits on January 4, 2017 and March 7, 2017 as compensation for partial Defendants, etc. on the basis of each expropriation ruling, etc. by the local Land Tribunal of Seoul Metropolitan Government as of November 25, 2016 and January 20, 2017. On the other hand, even though some Defendants, etc. were first members of the Plaintiff, but were classified as the subject of liquidation since they did not apply for parcelling-out, the Defendants did not dispute between the parties or may recognize the purport of each part of the building stated in the attached list as the whole number of pleadings (including the relation between Defendant D and E).
According to these facts, in relation to the Defendants, the Plaintiff may be deemed to have completed all the compensation procedures provided for in Article 46 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). Therefore, barring any special circumstance, the Defendants are obligated to deliver each of the above parts to the Plaintiff, respectively.
B. As to this, the remaining Defendants except Defendant B, D, and E shall claim that they cannot comply with the Plaintiff’s request for delivery of each of the instant buildings on the grounds as stated in the attached Form partially Defendants’ assertion.
① However, insofar as the procedure for compensating the Defendants was completed before the filing of the instant lawsuit, the right to file the instant lawsuit is recognized.