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(영문) 서울북부지방법원 2018.12.14 2018가단130142

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet;

B. Defendant C is among the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On September 9, 2008, the Plaintiff is a housing redevelopment and consolidation project association that has obtained approval for the establishment of a project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by the head of Seongbuk-gu Seoul Metropolitan Government having a size of 17,850 square meters in Seongbuk-gu G G

B. Defendant B is the owner and possessor of the real estate listed in the separate sheet in the project implementation district (hereinafter “instant real estate”), and Defendant C, D, E, and F is the owner and user of the said real estate, and Defendant C, D, E, and F is the head of the disposition of the said

(b)bed;

Each part of the entry in the port is leased and used.

C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on March 20, 2014, and publicly announced the authorization to implement the project on October 13, 2015, and approved the management and disposal plan on March 31, 2016 (hereinafter “the instant management and disposal plan”), and publicly announced it on the same day.

On October 25, 2017, the Plaintiff again filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Tribunal. On July 27, 2018, the said Committee rendered a ruling to expropriate each of the instant real estate, etc. (hereinafter referred to as “instant adjudication of expropriation”) with the date of commencement of expropriation as of September 14, 2018.

E. The Plaintiff was from September 6, 2018 to the same month.

7. The defendant B, E, and F deposited the total amount of the obstacle compensation or business loss compensation determined by the instant expropriation ruling and the additional charges for the delay.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including a tentative number), the purport of the whole pleadings

2. Determination

A. When the public notice of the approval of the management and disposal plan prescribed in Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017) regarding the cause of the claim is given, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. for the previous land or buildings, is suspended, and the project implementer is able to use and profit from