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(영문) 서울서부지방법원 2018.01.26 2017가단216472

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 3 of the attached list;

B. Defendant C shall set out in attached list No. 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association whose project implementation district covers all E groups in Eunpyeong-gu Seoul Metropolitan Government.

B. On January 13, 2017, the head of Eunpyeong-gu Seoul Metropolitan Government approving a management and disposal plan for the housing redevelopment improvement project implemented by the Plaintiff, and publicly notified on January 19, 2017.

C. Each real estate listed in the separate sheet is located in the project implementation district, and Defendant B is the building listed in the separate sheet No. 3, Defendant C is the building listed in the separate sheet No. 4, Defendant D is the owner of the building listed in the separate sheet No. 6.

The Defendants are objects of cash liquidation who did not apply for parcelling-out, and the Plaintiff filed an application for adjudication because they did not compensate with the owners of real estate in the project area including the Defendants. On January 20, 2017, the Seoul Special Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on March 10, 2017.

E. On March 3, 2017, the Plaintiff deposited KRW 738,336,200 in Defendant F’s future, ② Defendant C’s future KRW 779,271,020, ③ Defendant D’s future KRW 152,00,000, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 4-1, Gap evidence 5, 6, 10, Gap evidence 11-1, 2, and 4, the purport of the whole pleadings

2. When the judgment on the cause of the claim is obtained and announced publicly with the authorization of the housing redevelopment project executor, the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure shall lose the right to use or profit from the previous land or structure, and the project executor shall remove the existing structure or acquire the right to dispose of or use it by other methods (hereinafter referred to as the "Urban Improvement Act") in accordance with the management and disposition plan.

(See Article 49(6) of the Plaintiff’s management and disposal in this case is authorized and publicly notified.