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(영문) 서울남부지방법원 2017.09.29 2017가단201556
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet No. 1;

B. Defendant C shall be listed in the Appendix 2 List.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership established to remove buildings within the said project implementation district and build new buildings on the said land by setting the total area of 87,025 square meters in Yangcheon-gu Seoul Metropolitan Government D, as the project implementation district.

B. Defendant B is the owner of the building indicated in the separate sheet No. 1, and Defendant C is the owner of the building listed in the separate sheet No. 2, and all the above buildings are located within the above improvement project zone. The Defendants occupy the above buildings as a cash liquidation agent who did not file an application for parcelling-out within the respective period for parcelling-out

C. On July 8, 2016, a management and disposal plan for the said rearrangement project was approved pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and was publicly notified pursuant to Article 49(3) of the same Act on July 14, 2016.

Upon receipt of a ruling of expropriation on October 28, 2016, the Plaintiff deposited KRW 701,576,120 for Defendant B, and KRW 448,282,40 for Defendant C, respectively, on December 9, 2016.

E. On August 28, 2017, the Plaintiff additionally deposited KRW 18,559,810 for Defendant C, including KRW 12,00,00,00 for settlement funds, KRW 5,393,960 for residential relocation expenses, and KRW 1,165,850 for movable property transfer expenses.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The assertion and judgment

A. According to Article 49(6) of the Act on the Determination of the Grounds for a Claim, where a management and disposal plan is authorized and the notice is made, the right holder, such as the owner of the previous land, buildings, etc., can not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 54 of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents, and the project implementer can use or benefit from the former land or buildings, and the Plaintiff, a project implementer

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