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(영문) 서울남부지방법원 2017.07.04 2016가단264703

부동산인도 청구의 소

Text

1. The Plaintiff:

A. Defendant B is indicated in the attached list.

subsection (1) of this section,

B. Defendant C is listed in the attached list.

(b).

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the total size of 73,606.7 square meters in Yeongdeungpo-gu Seoul Metropolitan Government as a project implementation district, and was authorized to implement the project on August 30, 2012, and the head of Yeongdeungpo-gu Seoul Metropolitan Government approved and publicly notified the management and disposal plan for the housing redevelopment and rearrangement project on October 29, 2015.

B. Defendant C shall record the attached list located within the said project implementation district.

Defendant D is the owner of the real estate in this subsection, and Defendant D is recorded in the attached sheet.

Defendant E is the owner of the real estate in this paragraph, and Defendant E occupies the real estate in the attached list as the husband of Defendant D, and Defendant B is recorded in the attached list.

The lessee of the real estate is occupying and using it.

C. The Plaintiff deposited Defendant C and D as the principal deposit in accordance with the Seoul Special Metropolitan City Local Land Tribunal’s ruling on December 23, 2016 and March 24, 2017, and deposited the compensation for losses on February 10, 2017 and May 12, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 14 (including each number), the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, when a notice of approval of a management and disposal plan is given in an urban rearrangement project, the owners of the previous land or buildings, right holders, such as lessees, etc. shall not use or benefit from the land or buildings, and the project implementer shall use or benefit from the land or buildings. According to the above facts, the Defendants are obliged to deliver each

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified and it is so decided as per Disposition.