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(영문) 서울북부지방법원 2018.04.26 2017가단133922

건물명도(인도)

Text

1. The plaintiff

A. Defendant B: (a) the buildings listed in the separate sheet No. 1;

B. Defendant C is the first floor of the building indicated in the attached list No. 2.

Reasons

1. Facts of recognition;

A. On February 26, 2009, the Plaintiff is a housing redevelopment and consolidation project association that obtained approval for the establishment of a project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the head of Seongbuk-gu Seoul Metropolitan Government.

B. Defendant B is the owner and user of the building listed in the separate sheet No. 1; ② Defendant E is the building listed in the separate sheet No. 3; ③ Defendant H is the owner and user of the building listed in the separate sheet No. 4; ④ Defendant C is part of the first floor of the building listed in the separate sheet No. 2; ⑤ Defendant D is the second floor of the building listed in the same sheet No. 3; ② Defendant F is part of the first floor of the building listed in the separate sheet No. 3; ② Defendant G is the user of the second floor among the buildings listed in the same list No. 3; and ③ Defendant I is each owner of the fourth floor of the building listed in the separate sheet No. 5; and all the above real estate

C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on June 20, 2013; publicly notified the authorization to implement the project on January 22, 2015; and publicly notified the authorization of the management and disposal plan on February 24, 2017 (hereinafter “the instant management and disposal plan”); and publicly notified on March 2, 2017.

On the other hand, on August 25, 2017, the Seoul Special Metropolitan City Regional Land Tribunal rendered an adjudication to expropriate each real estate, etc. listed in the separate sheet (hereinafter “instant adjudication on expropriation”) on October 20, 2017 for the Plaintiff’s improvement project.

E. Accordingly, on October 19, 2017 through October 20, 2017, the Plaintiff deposited the full amount of each of the respective compensation for losses and additional charges for delay as stipulated in the instant decision on expropriation with Defendant B, K, Defendant E, and Defendant H as the owner of each real estate listed in the separate sheet Nos. 1 through 4, respectively.

[Reasons for Recognition]

(a) Defendant B, E, and H: The fact that there is no dispute, each entry of Party A’s evidence of subparagraphs 1 through 7 (including branch numbers for those with serial numbers) and the purport of the whole pleadings;

B. Defendant C, D, F, and I: Confession (Article 208(3)2 and the main text of Article 150(3) of the Civil Procedure Act).