건물인도
The Defendants constitute Defendant 2 as indicated in attached Table B, “A mark of real estate to which Defendant is to be extradited.”
1. Facts of recognition;
A. The Plaintiff is the project implementer of the housing redevelopment and improvement project for the Dongdaemun-gu Seoul Metropolitan Government F Group (hereinafter “instant improvement project”).
B. The Plaintiff was authorized by the head of Dongdaemun-gu to implement the project on October 13, 2016 by the head of Dongdaemun-gu, and the approval of the management and disposal plan on March 5, 2020 by the head of Dongdaemun-gu, and the head of Dongdaemun-gu notified the management and disposal plan on March 5, 2020.
(c)
The Defendants occupy each Defendant’s real estate indicated in Section B, “Indication of the real estate to be delivered to each Defendant,” located within the instant rearrangement project zone, and Defendant C and D, as a couple, concurrently carry out the business under the name of Defendant C in the pertinent real estate.
(d)
On June 26, 2020, the Plaintiff filed an application for adjudication on expropriation with the Seoul Special Metropolitan City Local Land Expropriation Committee for Defendant B, C, and E, and the said Expropriation Committee calculated the compensation for Defendant C’s loss to KRW 38,302,510, and the compensation for Defendant B’s loss to KRW 33,540,210, respectively, and made an adjudication on expropriation with the date of commencement of expropriation as of August 16, 2020, respectively. On August 28, 2020, the Plaintiff calculated the compensation for Defendant E’s loss to KRW 125,240,000, respectively, and made the adjudication on expropriation with the date of commencement of expropriation as of October 16, 2020 (hereinafter each of the above rulings on expropriation collectively referred to as “each of the instant rulings”).
E. The Plaintiff offered actual compensation to Defendant B, C, and E for each of the instant confinement rulings, but refused to receive it by the Defendants, and deposited each of the above losses compensation on August 5, 2020 with Defendant C and B as a trustor, and on October 12, 2020 with Defendant E as a trustor. < Amended by Presidential Decree No. 22790, Oct. 12, 2020>
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 10 (including various numbers, if any) and the purport of the whole pleadings
2. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Preservation Act”), when a notice of approval for a management and disposal plan concerning a redevelopment project is given, the former owner of the land or structure shall be the lessee.