beta
(영문) 서울북부지방법원 2019.11.28 2019가단128122

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B is the real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association which completed the registration of incorporation on July 21, 2010 by obtaining authorization from the head of Seongbuk-gu Seoul Metropolitan Government on July 19, 2010 to implement a housing redevelopment improvement project (hereinafter “the instant rearrangement project”) with the size of 63,780.5 square meters in Seongbuk-gu Seoul Metropolitan Government as a project implementation district under 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 August 30, 2018, the Plaintiff received an administrative disposition plan from the head of Seongbuk-gu Seoul Metropolitan Government pursuant to Article 48(1) of the Act on the Improvement of Urban Areas, and the management disposition plan was publicly announced as G publicly announced on September 6, 2018.

C. The real estate listed in the separate sheet is located within the implementation zone of the instant rearrangement project, and the defendant B is listed in the separate sheet No. 1, the defendant C is listed in the separate sheet No. 2, the defendant D is listed in the separate sheet No. 3, and the defendant E occupies each real estate listed in the separate sheet No. 4.

The Plaintiff filed an adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, which did not reach an agreement on compensation with the Defendants. On July 26, 2019, the date of commencement of expropriation was set at September 27, 2019; the amount of compensation for Defendant B was set at KRW 33,425,00 (work suspension compensation); the amount of compensation for Defendant C was set at KRW 31,765,00 (work suspension compensation); the amount of compensation for Defendant D was set at KRW 43,425,00 (work suspension compensation); and the amount of compensation for Defendant E was set at KRW 43,425,00 (work suspension compensation); and the amount of compensation for Defendant E was set at KRW 7,140,00 (transfer expense, etc.).

E. On September 26, 2019, the Plaintiff transferred the said compensation to Defendant B and C, and Defendant D and E deposited the said compensation with the said Defendants as the principal deposit.

[Ground for recognition] Defendant B: Confession (Article 208(3)2 and the main sentence of Article 150(3) of the Civil Procedure Act). The remainder of the Defendants: The fact that there is no dispute, and Article 1.