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(영문) 서울서부지방법원 2020.02.14 2019가단204084
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the annex 2 list;

B. Defendant C shall provide the real estate listed in the Appendix 3 list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project association under the Seodaemun-gu Seoul Metropolitan Government Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project (hereinafter “instant redevelopment project”) under the Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff is a housing redevelopment project association that obtained approval for the establishment from the head of Seodaemun-gu Seoul Metropolitan Government on September 4, 2009 and completed the registration of establishment on September 9,

Defendant B’s ownership and possession of real estate listed in the separate sheet No. 2, Defendant C’s real estate listed in the separate sheet No. 3, Defendant D’s real estate listed in the separate sheet No. 4, Defendant F’s real estate listed in the separate sheet No. 6, Defendant F’s real estate listed in the separate sheet No. 7 (hereinafter collectively referred to as “each of the instant real estate”), within the instant redevelopment project site, is a person who loses the Plaintiff’s status as the Plaintiff’s member by failing to apply for

B. On July 10, 2018, the Plaintiff received the approval of the management and disposal plan from the head of the Gu, and the details thereof were publicly notified as H of Seodaemun-gu Seoul Metropolitan Government Public Notice on the same day.

C. On January 25, 2019, the Plaintiff filed an application for adjudication of expropriation with the Defendants on the compensation of losses, and received the adjudication of expropriation on March 15, 2019 with respect to each of the instant real estate from the local Land Tribunal of Seoul Special Metropolitan City on the date of commencement of expropriation. On March 11, 2019, the Defendants other than Defendant F, other than Defendant F, were deposited as Defendant F at each deposit on March 15, 2019, and Defendant F as at March 15, 2019, respectively, deposited all compensation for losses (land compensation, obstacle compensation, delay in payment) for each of the instant real estate in accordance with the said adjudication of expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the main sentence and proviso of Article 81(1)2 of the Act on the Determination of the Grounds for Claim, a person holding a right, such as the owner, superficies, a person holding a right of lease, and a lessee of the previous land or building.

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