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(영문) 서울남부지방법원 2017.02.10 2016가단220079
건물명도
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in the separate sheet No. 3;

B. Defendant C shall provide the real estate listed in the attached list 6.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Development Project Association established on October 30, 2006 in order to implement a housing redevelopment project with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government as a project implementation district.

B. The Plaintiff was authorized to implement the project on December 21, 2009 by the head of Yangcheon-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was subject to the authorization for the implementation of the project on December 10, 2015, and was publicly notified around that time.

C. The Defendants are owners of each corresponding part of the disposition located within the said project implementation district.

On September 30, 2016 and October 28, 2016, the Plaintiff deposited the relevant expropriation compensation with the Defendants, who are the owners of the real estate listed in the separate sheet, as the principal deposit on November 7, 2016, or November 11, 2016, according to the adjudication (the date of commencement of expropriation on November 18, 2016 and December 16, 2016) rendered by the local Land Tribunal of Seoul Special Metropolitan City and local governments on September 30, 2016 and on October 28, 2016.

[Ground of recognition] Evidence Nos. 1, 2, Evidence Nos. 4-4, 8, 9, 13-1, 2, and evidence Nos. 7-2 through 5, and the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Markets, when a public announcement of approval of a management and disposal plan is made in an urban rearrangement project, the owner of the previous land or building, a lessee, etc. may not use or benefit from the land or building, and the project implementer may use or benefit from the land or building. According to the above facts of recognition, the Defendants are obliged to deliver each corresponding part of the order

3. If so, the plaintiff's claim against the defendants of this case against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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