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(영문) 서울북부지방법원 2017.05.31 2016가단147009
부동산인도
Text

1. The Plaintiff:

A. Defendant B shall list the annexed sheet

7.The listed real estate,

B. Defendant C is listed in Appendix 10.

Reasons

Basic Facts

On March 20, 2009, the Plaintiff is a housing redevelopment and consolidation project association which has obtained approval to establish an association from the head of Seongbuk-gu Office pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") with the size of 87,783 square meters in Seongbuk-

Defendant B’s list in the said project implementation district

7. A possessor of the real estate mentioned above, and Defendant C is an occupant of the real estate listed in the separate sheet 10.

The head of Seongbuk-gu Seoul Metropolitan Government shall approve the management and disposal plan on September 12, 2016 to the plaintiff, and publicly announce it on September 19, 2016.

【Non-contentious facts, Gap’s evidence Nos. 1, 2 and 4, Gap evidence Nos. 5-5 and 6-6, and the purport of the entire pleadings (in the case of defendant C, deemed confessions) as to the grounds for a claim for the issuance of real estate, the authorization of a management and disposal plan and the public notice thereof are suspended pursuant to Article 49(6) and (3) of the Urban Improvement Act. The use and profit of the former owner, lessee, etc. of the subject matter shall be suspended, and the project implementer shall be able to take over the subject matter and use and profit from the subject matter to start the project (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). According to the above basic facts, the defendant

7. The Defendant C is obligated to deliver to the Plaintiff the real estate stated in the separate sheet 10.

Defendant B’s assertion on Defendant B shall be listed in the attached Table for at least 16 years from April 13, 2001 to 16 years.

7. The plaintiff asserts that he/she operates his/her business in the name of E on the recorded real estate, that he/she raised an objection to the adjudication because the compensation adjudicated by the Land Tribunal is not legitimate.

In full view of the purport of the entire arguments in Gap evidence Nos. 7, 8, and Eul evidence Nos. 2, the local Land Tribunal of Seoul Metropolitan Government shall list on January 20, 2017.

7. A ruling on Defendant B’s business compensation as KRW 1,5130,000 on real estate recorded in the record was rendered, and the Plaintiff is the principal depositer on March 6, 2017, prior to the date of commencement of expropriation.

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