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(영문) 서울중앙지방법원 2016.04.20 2015가단5122047

건물명도

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1. The Plaintiff:

A. Defendant B is 57.89 square meters per floor among the real estate listed in the attached Table 8’s Schedule;

B. Defendant C shall be listed in Appendix 8.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with a housing redevelopment and rearrangement project area of 80,836.0 square meters in Seoul Special Metropolitan City, Gwanak-gu.

B. The Plaintiff received authorization from the head of Gwanak-gu in Seoul Special Metropolitan City to establish an association on February 1, 2008, authorization to implement a project on November 12, 2009, and authorization for a management and disposition plan on February 17, 2015 (hereinafter “instant management and disposition plan”), respectively, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the instant management and disposition plan on February 17, 2015.

C. A building listed in the annexed sheet 8 located within the instant rearrangement project zone (hereinafter “instant building”) is a building owned jointly by E and F. Among them, the first floor is indicated by Defendant B, which is a fraud of E, and by 9 drawings indicated in the annexed sheet 1, (2), (3), (4), and (1) the part inside the ship connected with each point in sequence, which is 15.30 square meters connected to E, respectively.

On April 30, 2015, immediately after obtaining authorization for the instant management and disposition plan, the Plaintiff filed the instant lawsuit on April 30, 2015, and upon the Plaintiff’s application for adjudication on expropriation of the instant building and land, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation (hereinafter “instant adjudication of expropriation”) with the amount of compensation for losses of KRW 186,54,50 on January 29, 2016, and KRW 33,564,60 (the amount calculated by 1/2 each for E and F) on the land, and the date of commencement of expropriation as of March 18, 2016.

E. On March 9, 2016, the Plaintiff deposited KRW 220,119,100 (Seoul Special Metropolitan City G land KRW 186,554,500, and KRW 33,564,600) with the Seoul Central District Court KRW 4912 as the principal of the deposit, and with the said court KRW 20,119,100 as the principal of the deposit.

Grounds for Recognition: Evidence Nos. 1 and 3, Evidence No. 4-5, Evidence No. 6-7, 8, Gap No. 12, and 14, and the purport of the whole pleadings

2. Determination

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).