건물명도(인도)
1. The plaintiff, Ga.
DefendantB shall set forth in attached Table 2, paragraph 2, of the list of real estate.
The defendantC shall set forth in attached Form 3 Real Estate List 2.
1. Facts of recognition;
A. On February 26, 2009, the Plaintiff is a Housing Redevelopment Improvement Project Association which has obtained approval for the establishment of a project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents by the head of Seongbuk-gu Seoul Metropolitan Government.
B. The Defendants are the owners or occupants of each building listed in the Disposition No. 1 located in the project implementation district.
C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on June 20, 2013; publicly notified the authorization to implement the project on January 22, 2015; and publicly notified the authorization of the management and disposal plan on February 24, 2017 (hereinafter “the instant management and disposal plan”); and publicly notified on March 2, 2017.
On the other hand, on August 25, 2017, the Seoul Special Metropolitan City Local Land Tribunal rendered an adjudication to expropriate each of the above real estate, etc. (hereinafter “instant adjudication on expropriation”) on October 20, 2017 for the Plaintiff’s improvement project.
E. On October 19, 2017, the date prior to the date of commencement of expropriation, the Plaintiff deposited the full amount of compensation for losses and late payment additional charges as stipulated in the above expropriation ruling with Defendant D as the depositee.
[Basis] Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): Defendant C: The gist of the entire pleadings and arguments of the judgment rendered by public notice (Article 208(3)2 of the Civil Procedure Act). Defendant D: The absence of dispute, Gap evidence 1, Gap evidence 2-1 through 4, Gap evidence 2-3, Gap evidence 7-1 and 7-2
2. When the approval of the management and disposal plan prescribed in Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), which determines the cause of the claim, is publicly notified, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings, shall be suspended, and the project implementer shall be able to use and profit from the former land or buildings, and the use and profit-making by the project implementer shall be suspended pursuant to Article 49(6) of the same Act.