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(영문) 서울중앙지방법원 2016.04.29 2016나8113
건물명도
Text

1. The part against Defendant B and F in the judgment of the first instance shall be revoked.

2. The plaintiff and the defendant B are listed in the separate sheet No. 1.

Reasons

1. The fact of recognition (the progress of the case);

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with a housing redevelopment and rearrangement project area of 80,836 square meters in Seoul Special Metropolitan City G G party (hereinafter “instant rearrangement project”).

B. The Plaintiff received authorization from the head of Gwanak-gu in Seoul Special Metropolitan City to establish an association on February 1, 2008, authorization to implement a project on November 12, 2009, and authorization for a management and disposition plan on February 17, 2015 (hereinafter “instant management and disposition plan”), respectively, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the instant management and disposition plan on February 17, 2015.

C. Defendant B occupies the real estate listed in the separate sheet No. 1, and Defendant F occupies the real estate listed in the separate sheet No. 2 as each owner.

Each of the above real estates is real estate located in the project implementation district of this case, and the said Defendants are subject to cash settlement that did not apply for parcelling-out.

On October 30, 2015, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal of Seoul Special Metropolitan City on the compensation for each real estate stated in the separate sheet. On January 29, 2016, the said Committee rendered an adjudication of expropriation (hereinafter “instant adjudication of expropriation”) with the expropriation compensation of Defendant B, KRW 841,51,030, KRW 186,650,000, and the starting date of expropriation as of March 18, 2016.

E. After the judgment of the first instance court, the Plaintiff paid the full amount of the corresponding compensation as stated in the preceding paragraph to Defendant F on February 23, 2016, and on March 14, 2016, the Seoul Central District Court deposited the full amount of the relevant compensation as deposited by Defendant B as the deposited person under the preceding paragraph.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, 12 to 16 evidence (including additional numbers), the purport of the whole pleadings

2. Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the cause of the claim shall be

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