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(영문) 서울서부지방법원 2018.02.09 2017가단12007

건물명도(인도)

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Indication of claim;

A. The Plaintiff is a housing redevelopment project partnership whose project implementation district covers Eunpyeong-gu Seoul, H, and I as a project implementation district.

B. On October 13, 2016, the head of Eunpyeong-gu Seoul Metropolitan Government approving and publicly notifying the management and disposal plan on the housing redevelopment improvement project implemented by the Plaintiff.

C. The J was the owner of the real estate listed in the separate sheet in the said project implementation district (hereinafter “instant real estate”). On June 25, 2017, a copy of the instant complaint was killed on June 25, 2017, Defendant B (Inheritance Shares 3/11), the spouse of the deceased, Defendant C, D, E, and F (Inheritance Shares 2/11), each of whose children are the deceased, succeeded to the rights and duties of the deceased.

C. The Seoul Special Metropolitan City Regional Land Tribunal made an adjudication of expropriation because there was no agreement between the Plaintiff and the Defendants on the compensation for losses, and the Plaintiff deposited KRW 510,078,290 as compensation for losses in accordance with the above adjudication of expropriation on October 16, 2017, respectively, in the ratio of inheritance shares of the Defendants.

When the management and disposal plan of a housing redevelopment project developer is approved and announced publicly, the owner, superficies, leasee, right holder, etc. of the previous land or building shall lose the right to use or profit from the previous land or building, and the project developer shall remove the existing building or acquire the right to dispose of or use it by other methods to implement the rearrangement project (see Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents), and as seen earlier, the management and disposal plan of the plaintiff in this case is authorized and announced publicly. Therefore, the defendants are obligated to deliver the real estate in this

2. Judgment deeming the confession as the basis (Article 208 (3) 2 of the Civil Procedure Act).