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(영문) 서울서부지방법원 2018.02.09 2017가단18296

건물명도(인도)

Text

1. The Defendant points out of the real estate strata listed in the separate sheet Nos. 1, 2, 3, 4, 5, 6, and 1 of the separate sheet No. 2 among the real estate strata listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership with Eunpyeong-gu Seoul Metropolitan Government C, D, and E as a project implementation district.

B. On October 13, 2016, the head of Eunpyeong-gu Seoul Metropolitan Government approving and publicly notifying the management and disposal plan on the housing redevelopment improvement project implemented by the Plaintiff.

C. 1) The real estate listed in the separate sheet No. 1 in the said project implementation district is unregistered as separate registration. The owners of each specific portion were registered in the form of sectionally owned ownership according to the area occupied, and ownership of each specific portion was changed through the transfer of co-ownership shares. 2) Of the real estate listed in the separate sheet No. 1, the portion (a) and 42.90 square meters in the ship (hereinafter “instant real estate”) connected each point in sequence among the land floors listed in the separate sheet No. 2, 2, 3, 4, 5, 6, and 1, among the real estate listed in the separate sheet No. 1, the Defendant’s mother is 42.9/236.46 square meters in total, the Defendant’s share of 42.9/236.46 square meters in co-ownership on March 19, 190, and the area of the instant real estate is 42.90 square meters in total.

After completing the registration of ownership transfer with respect to the real estate of this case, the defendant was residing in the real estate of this case as F.

3) On October 29, 2015, F, the Defendant, G, H, and I, a legal inheritor, completed inheritance registration on September 22, 2017 at the ratio of one-fourths of statutory inheritance (each 85.8/1891.68). C) The Plaintiff filed an application for adjudication on October 27, 2017 as the date of expropriation on December 8, 2017 by the Seoul Special Metropolitan City Regional Land Expropriation Committee, which was the co-owner of the instant real estate, on December 1, 2017. The Plaintiff deposited KRW 32,875,000, each of the instant real estate owners of the instant real estate in accordance with the said adjudication on expropriation. [In the absence of any grounds for recognition, the purport of each of subparagraphs 1 through 8, and the purport of each of the overall pleadings and arguments.

2. Determination

A. The management and disposal plan of the Housing Redevelopment Project Operator to determine the cause of the claim is authorized.