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(영문) 서울남부지방법원 2017.10.20 2016가단244136

건물명도

Text

1. The Plaintiff:

(a) Defendant B delivers the real estate listed in the Appendix 1 List;

B. Defendant C is listed in the Appendix 2 List.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership established to remove buildings within the said project implementation district and build new buildings on the said land by making the total area of 87,025 square meters in Yangcheon-gu Seoul E, Seoul as a project implementation district.

B. Defendant B is the owner of the building indicated in the separate sheet No. 1, and Defendant C is the owner of the building listed in the separate sheet No. 2, and Defendant D is each owner of the building listed in the separate sheet No. 3, and all the above buildings are located within the above rearrangement project execution zone. The Defendants are currently occupying each of the above buildings as a cash liquidation agent who did not apply for parcelling-out within each

C. On July 8, 2016, a management and disposal plan for the said rearrangement project was approved pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was publicly notified pursuant to Article 49(3) of the same Act on July 14, 2016.

The Plaintiff deposited KRW 465,732,170 against Defendant B on August 5, 2016, and deposited KRW 231,521,060 against Defendant C, and KRW 424,176,390 against Defendant D, respectively, upon receiving a ruling of expropriation on August 26, 2016.

E. On August 28, 2017, the Plaintiff additionally deposited KRW 16,634,302 in total, including 12,00,00,000, 3,662,762, and 971,540, and 6,674,604, 3,662, and 467,920, including 3,62,762, and 467,920, and 10,805,286, with respect to Defendant D on August 14, 2017, including 12,00,000,00, residential relocation expenses, 7,392, 27,77,707, and 2309,000,000,000,000,000,000,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. The assertion and judgment

A. According to Article 49(6) of the Act on the Determination of the Grounds for Claim, when a management and disposal plan is authorized and the notice is made, the right holder, such as the owner of the previous land or building, etc.