건물명도
1. The part of the judgment of the first instance against Defendant B, C, and E shall be revoked;
2. The Plaintiff:
A. Defendant B and C are each 1/2.
1. Determination on the part of the claim against the defendant B, C, and E
A. Basic facts (i.e., the Plaintiff is a partnership established for the implementation of redevelopment improvement project (hereinafter “instant rearrangement project”) whose project implementation district covers 80,836 square meters of L in Seoul Special Metropolitan City, the Plaintiff obtained authorization for the establishment of the partnership on February 1, 2008 from the head of Gwanak-gu in Seoul Special Metropolitan City (hereinafter “Gwanak-gu”).
The head of the Gwanak-gu Office approved the Plaintiff’s project implementation on November 12, 2009, and approved May 22, 2014. On February 17, 2015, the head of the Gwanak-gu Office approved the management and disposition plan (hereinafter “instant management and disposition plan”) pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and publicly notified the above management and disposition plan in the official gazette pursuant to Article 49(3) of the same Act.
The real estate listed in the separate list of third parties is located in the project area above, and the defendant B and C occupy the above real estate as co-owners possessing the real estate listed in the separate list No. 1/2 of each of them, and the defendant E owns and occupies the real estate listed in the separate list No. 2 of this Decree.
Applicant On January 29, 2016, the local Land Tribunal of Seoul Special Metropolitan City made a ruling of expropriation that the Plaintiff, a project implementer, expropriates the land and goods in the project area including each real estate listed in the separate sheet and pays compensation to its owners for the instant improvement project (hereinafter “instant ruling”). The Plaintiff deposited each of the compensation for the Defendant B, C, and E, as described in the following table:
Defendant C’s KRW 281,784,00 on March 16, 2016, KRW 281,784,00 on the land of KRW 281,784,00 on the land of KRW 2831,784,220 on March 16, 2016 and KRW 281,784,00 on the land of KRW 310,615,220 on March 16, 2016; KRW 28,831,220 on the goods; KRW 28,831,228,80 on March 9, 2016; KRW 379,235,50 on the land of KRW 115,93,00 on the goods; and KRW 115,93,300 on the goods.