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(영문) 서울중앙지방법원 2016.06.24 2015나73172

건물명도

Text

1. The part against the Defendants in the judgment of the court of first instance shall be revoked.

2. The Plaintiff, Defendant F, and Defendant F, are annexed to the Plaintiff.

Reasons

1. Facts of recognition;

가. 원고는 서울 관악구 K 일대 80,836m ^{2}를 사업시행구역으로 하여 설립된 주택재개발정비사업조합이다.

B. On November 12, 2009, the Plaintiff obtained authorization for project implementation from the head of Gwanak-gu in Seoul Special Metropolitan City on May 22, 2014, respectively, and obtained authorization for project implementation under Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on February 17, 2015, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act on the same day.

C. Each of the real estate listed in the separate sheet Nos. 5 through 7 and 9 of the real estate list (hereinafter “each of the instant real estate”) is located in the said project implementation district; Defendant F is the real estate listed in the same list No. 5; Defendant G is the real estate listed in the same list No. 6; Defendant H is the real estate listed in the same list No. 7; Defendant J is the owner of the real estate listed in the same list No. 9

The defendants are eligible for cash settlement because they do not apply for parcelling-out.

The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, which did not reach an agreement on the Defendants’ compensation for losses with respect to each of the instant real estate. On January 29, 2016, the commission rendered an adjudication of expropriation on March 18, 2016, setting the date of commencement of expropriation as follows (hereinafter “instant adjudication of expropriation”).

Defendant F 438,785,00 won Defendant G 368,988,00 won Defendant H 375,01,000 won Defendant J 378,084,50 won

E. After the judgment of the court of first instance was rendered against the Plaintiff, the Plaintiff paid or deposited the full amount of compensation for losses under the above judgment as follows.

Defendant F on March 16, 2016, the deposit date or deposit date, Defendant F, the Seoul Central District Court (Seoul Central District Court Decision 5549, Mar. 10, 2016, Defendant G, No. 4979, Mar. 16, 2016, Defendant H on March 16, 2016, Seoul Central District Court Decision 5513, J. 2016, J. 23, 2016.