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(영문) 서울북부지방법원 2019.04.12 2018가단11661

건물인도

Text

1. The Plaintiff:

A. Defendant B is indicated as indicated in attached Form 2 No. 1, 4, 5, 8, 1 among the first floor of the real estate listed in attached Table 2.

Reasons

1. The following facts are acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence 1 and 2, evidence 4-2, 3, 4, 6, and 5-5, 6, 10, 13, and 15:

A. The Plaintiff is a housing redevelopment and rearrangement project association whose business area covers Seongbuk-gu Seoul Metropolitan Government G pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The real estate (building) listed in the separate sheet is located in the above business area. The Defendants leased each part of the real estate listed in the separate sheet and occupy the relevant part.

B. The head of Seongbuk-gu Office authorized and publicly announced the Plaintiff’s management and disposal plan on July 27, 2017 following the authorization for project implementation, and the Plaintiff deposited the compensation for each Defendant on January 11, 2019 following the adjudication of expropriation by the local Land Tribunal of Seoul Metropolitan City.

2. According to the above facts, the Defendants are obligated to deliver each part of the real estate indicated in the separate sheet to the Plaintiff, who acquired the right to use and benefit from the previous building, by obtaining authorization and public notification of the management and disposal plan under the Urban Improvement Act, and completing compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.

3. If so, the plaintiff's claim against the defendants of this case against the defendants is justified.