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(영문) 서울북부지방법원 2019.07.11 2018가단108831

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B and C shall have the real property listed in Appendix 3;

B. Defendant D and E are listed in Appendix 8.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment improvement project association whose establishment was approved by the head of Dongdaemun-gu Seoul Metropolitan Government on September 4, 2008 (hereinafter referred to as “instant rearrangement project”) and whose establishment was registered on September 19, 2008 pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

B. On September 29, 2017, the Plaintiff received a management and disposal plan from the head of Dongdaemun-gu Seoul Metropolitan Government pursuant to Article 48(1) of the Act, and the management and disposal plan was publicly announced as G publicly announced on October 12, 2017.

C. Defendant B and C are the owners and occupants of the real estate listed in the separate sheet No. 3 located within the implementation zone of the instant rearrangement project, and Defendant D and E are the owners and occupants of the real estate listed in the separate sheet No. 8 located within the implementation zone of the instant rearrangement project.

On February 22, 2019, the Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee, which did not consult with the Defendants on the compensation for losses, and deposited KRW 248,051,20,200, respectively, in the name of compensation for land and buildings, as to Defendant B and C, and deposited KRW 248,051,200, respectively, on April 5, 2019 with the Defendants as the principal deposit. The Plaintiff deposited KRW 275,288,460, respectively, under the name of compensation for land and building with respect to Defendant D and E, and deposited KRW 275,288,460 on April 5, 2019 with the said Defendants as the principal deposit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to Defendant D and E’s defense prior to the merits

A. The gist of the assertion is that the Plaintiff.