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(영문) 서울북부지방법원 2017.04.28 2016가단134645

건물명도

Text

1. The plaintiff, ① the building Nos. 1, 2, and 3 listed in the annexed list, ② the defendant C is listed in the same list.

Reasons

1. Determination on both arguments

A. The Plaintiff obtained authorization for the establishment of a housing redevelopment and rearrangement project association and authorization for the implementation thereof from the head of Seongbuk-gu Seoul Metropolitan Government, respectively, and obtained authorization for the management and disposal plan for policemen on March 24, 2016. The head of Seongbuk-gu Seoul Metropolitan Government publicly notified the management and disposal plan approved on March 24, 2016 (Seoul Metropolitan Government public notice G) by the head of Seongbuk-gu Seoul Metropolitan Government, and the Plaintiff thereafter deposited compensation for the said Defendants, etc. on December 9, 2016 in accordance with the adjudication of expropriation by the local Land Tribunal of Seoul Special Metropolitan City on October 28, 2016 on expropriation of Defendants B, E, F, etc. on December 9, 2016. Meanwhile, Defendants B, E, and F, etc. were originally the Plaintiff’s members, but were classified as being liquidated due to the lack of application for parcelling-out, or the lessee of the relevant part of the building, which was the lessee of the building, and has no dispute between the parties, or can be acknowledged by adding the purport of the entire pleadings.

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”). (See, e.g., Supreme Court Decision 2012Da40097, Aug. 22, 2013), barring any special circumstance, the Defendants are obligated to deliver the instant building to the Plaintiff.

B. As to this, the Defendants asserted that they cannot respond to the Plaintiff’s request for delivery of each of the instant buildings on the same grounds as stated in the attached Form B, E, and F.

However, the management and disposal plan of this case formulated by the plaintiff or the project implementation plan or management and disposal plan approved by the head of Seongbuk-gu Seoul Metropolitan Government.