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(영문) 서울남부지방법원 2018.10.11 2018가단218100

건물명도(인도)

Text

1. Defendant B shall provide the Plaintiff with the real estate listed in the separate sheet No. 1, and Defendant C shall provide the real estate listed in the separate sheet No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff was established to implement a housing redevelopment improvement project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) on the scale of 19,59.50 square meters in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, as a housing redevelopment improvement project partnership established to implement a housing redevelopment improvement project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “former Act”), and was approved on July 8,

B. Defendant B is a person who operates and occupies the two uniforms of “F” in the real estate listed in the attached Table 1 List located within the Plaintiff’s business territory, where Nonparty B is registered as a business operator, and Defendant C is a person who operates and occupies “H” in the real estate listed in the attached Table 2 List owned by Nonparty B, the husband, as the husband.

C. On January 26, 2018, the Plaintiff received each expropriation ruling with respect to the business rights for real estate listed in the attached list 1 of the above E, and the buildings and sites including real estate listed in the attached list 2 of the above G owned by the said G, and the goodwill (on April 13, 2018, the date of commencement of expropriation). On April 2, 2018, the Plaintiff deposited KRW 981,311,890 for G, and KRW 63,314,780 for delayed payment, and KRW 3,395,00 for E on April 9, 2018, respectively.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, the purport of whole pleading

2. According to Article 49(3) and (6) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”), when a management and disposal plan under the above Act is authorized and publicly announced, the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, lease on a deposit basis, lease on a deposit basis, etc. may not use or benefit from the previous land or building until the date of public announcement of relocation under Article 54, and the project operator may use or benefit from the former land or building, and the compensation for losses under

On the other hand.