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(영문) 서울동부지방법원 2018.06.08 2016가단129524 (1)

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or are acknowledged by comprehensively taking account of the overall purport of the pleadings as follows: Gap evidence Nos. 1, 2, 2-1, 3-2, 4-1, 5-2, 6-1, 2, 8-1, 8-2.

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff was established to implement the housing redevelopment improvement project of Songpa-gu and Songpa-gu Seoul (hereinafter “instant rearrangement project”) and obtained authorization for the establishment from the head of Songpa-gu Office on February 6, 2009.

B. On August 12, 2013, the head of Songpa-gu approved the Plaintiff’s implementation of the instant improvement project, and publicly notified the details thereof on August 16, 2013. On April 27, 2015, the head of Songpa-gu approved the management and disposition plan formulated by the Plaintiff concerning the said project, and publicly notified the details thereof on April 30, 2015.

After that, the Plaintiff established a new management and disposition plan to substantially change the main parts of the above management and disposition plan, and obtained authorization from the head of Songpa-gu on August 23, 2017, and the above authorization was publicly notified on August 31, 2017.

C. Defendant B is the owner of the real estate indicated in the attached list located within the implementation zone of the housing redevelopment project according to the above management disposal plan (hereinafter “instant real estate”), and Defendant C occupies the real estate as the lessee.

The Plaintiff filed a ruling of expropriation on September 30, 201, which did not reach an agreement with the Defendants on compensation for losses, and received a ruling of expropriation on November 18, 2016 against Defendant B, which was made on September 30, 2016, by combining each of the above rulings of expropriation on December 23, 2016 against Defendant C (hereinafter “instant adjudication of expropriation”) from the local Land Tribunal of Seoul Special Metropolitan City.

E. On November 14, 2016, the Plaintiff: (a) deposited Defendant B as the principal, and (b) deposited Defendant B with the Seoul Eastern District Court No. 4386 in 2016; and (c) deposited Defendant C as the principal of the principal on February 8, 2017; and (d) deposited with the same court in 2017.