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(영문) 서울남부지방법원 2017.09.01 2016가합113062

건물명도

Text

1. Defendant B shall deliver to the Plaintiff each real estate listed in paragraphs 1 through 4 of the attached list.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is a housing redevelopment improvement project with the size of 73,606.7m2 in Yeongdeungpo-gu Seoul Metropolitan Government as a project implementation district (hereinafter “instant rearrangement project”).

(2) The Defendant B owned each of the real estate listed in [Attachment 1] paragraphs (1) through (4) of the attached Table in the execution zone of the instant rearrangement project (hereinafter “instant real estate”), and the Defendant C owned each of the real estate listed in [Attachment 2] Paragraph (5) of the attached Table (hereinafter “instant real estate”).

B. The Plaintiff was authorized to establish an association on January 13, 2010 by the head of Yeongdeungpo-gu Seoul Metropolitan Government, and the authorization for project implementation on August 27, 2012, and the head of Yeongdeungpo-gu Seoul Metropolitan Government approved and publicly notified the management and disposition plan on the instant rearrangement project on October 29, 2015.

C. The Plaintiff filed an application for expropriation with the local Land Tribunal in Seoul Special Metropolitan City when consultation on the owners within the implementation zone of the instant improvement project, including the Defendants who were subject to cash settlement due to the lack of application for parcelling-out within the period of application for parcelling-out, and the settlement money has reached an agreement. On September 30, 2016, the Seoul Special Metropolitan City Land Tribunal rendered an expropriation ruling ordering the payment of compensation for losses (on November 18, 2016, the date of expropriation) on November 16, 2016 (on November 16, 2016, Defendant B as the depositee, and the Seoul Southern District Court deposited KRW 1,504,680,380 as stipulated in the above expropriation ruling in Seoul Southern District Court Decision 6218, supra, and filed an objection against KRW 51,04,380 as compensation for losses, KRW 50,680 as the depositee, KRW 260,565,265,2865,2665,265,267.