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(영문) 서울서부지방법원 2016.07.12 2016가단206522

건물인도

Text

1. The Plaintiff:

A. Defendant B is the second floor of the building without permission, among the real estate No. 1 listed in the attached Table 1 List No. 25.

Reasons

1. Basic facts

A. The Plaintiff is an urban environment rearrangement project association established to remove old and inferior housing in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government J (hereinafter “instant rearrangement zone”) and to implement an urban environment rearrangement project to newly build multi-family housing and facilities for living, business, culture, and assembly, and has obtained authorization to establish an association from the head of Mapo-gu Seoul Metropolitan Government on December 1, 2008.

B. The Plaintiff received authorization for project implementation on July 26, 2012 from the head of Mapo-gu Seoul Metropolitan Government and obtained authorization for project implementation on July 7, 2015, and the head of Mapo-gu Seoul Metropolitan Government publicly notified the authorization for project implementation and the authorization for project implementation.

C. The Defendants are those who leased and possessed each real estate listed in the separate sheet No. 1 (hereinafter “each real estate of this case”) located in the rearrangement zone of this case from each lessor, and run the business.

On December 29, 2015, the Plaintiff and Defendant C transferred the part possessed by Defendant C among each of the instant real estate until February 28, 2016, and the Plaintiff agreed to pay KRW 36,783,330 at the same time.

On May 9, 2016, the Plaintiff deposited KRW 36,783,330 as Seoul Northern District Court 2016Hun2173.

E. On March 31, 2016, the Plaintiff and Defendant G Co., Ltd. transferred the part possessed by Defendant G among each of the instant real estate until July 31, 2016, and the Plaintiff agreed to pay KRW 16,045,000 at the same time.

F. On April 4, 2016, the Plaintiff and Defendant H transferred the portion of each of the instant real estate possessed by Defendant H by June 30, 2016, and the Plaintiff agreed to pay KRW 54,580,000 at the same time.

G. As the Plaintiff did not consult with Defendant D, E, F, and I on the compensation for losses, the Plaintiff filed an application for adjudication of expropriation with the local Land Expropriation Committee in Seoul Special Metropolitan City, and the Seoul Special Metropolitan City Land Expropriation Committee on February 26, 2016.