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(영문) 서울북부지방법원 2017.04.04 2016가단135044
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. The fact of recognition is that the Plaintiff, on April 27, 2010, as the project implementation district of Seongbuk-gu Seoul, Seongbuk-gu Seoul Metropolitan Government D Ilcheon-gu, 107,165 square meters, is a housing redevelopment and rearrangement project partnership that has obtained approval from the head of Seongbuk-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Defendant B is an owner or possessor of a building listed in attached Table 1 (hereinafter “instant building”) located within the said project implementation district, and Defendant C is an owner or possessor of the building listed in attached Table 2 (hereinafter “instant two buildings”).

The head of Seongbuk-gu publicly announced the Plaintiff on December 3, 2013 after authorizing the implementation of the project on November 26, 2013, and announced it on March 18, 2016, and publicly announced on March 24, 2016 after authorizing the management and disposal plan on March 18, 2016.

On October 28, 2016, the Seoul Special Metropolitan City Regional Land Tribunal shall accommodate the instant 1, 2, and attached facilities for the said rearrangement project, but the date of commencement of confinement was decided on December 16, 2016.

On December 8, 2016, the Plaintiff deposited KRW 578,443,520, and KRW 328,819,940, each of the compensation determined by the above ruling with Defendant C as a depositee, and deposited KRW 14,788,058,058, on February 27, 2017, Defendant C as a depositee.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 6-1, 5, and Gap evidence 10-3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the Plaintiff acquired the ownership of the instant building 1 and 2 by depositing the compensation for expropriation, Defendant B is obligated to deliver the instant building to the Plaintiff, and Defendant C, respectively.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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