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(영문) 서울북부지방법원 2016.05.25 2015가단20718
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the building listed in the separate sheet No. 1;

B. Defendant C shall set forth in the attached list in paragraph 3.

Reasons

Facts of recognition

The Plaintiff is a housing redevelopment maintenance and improvement project association established to improve residential environment in the area of 89,853.4 square meters in Seongbuk-gu Seoul, Seoul, the building and site of which are located in the above zone pursuant to Article 13 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”). Defendant B is the building and site of paragraph (1) of the attached Table in the above zone; Defendant C is the building and site of paragraph (3) of the attached Table; Defendant D is the building and site of paragraph (4) of the attached Table; Defendant D is the owner and the possessor of each site of the building and the site in

(hereinafter referred to as “each building of this case” in the attached list Nos. 1, 3, 4, and 5). The Plaintiff obtained authorization from the head of Seongbuk-gu on April 21, 2009 from the head of Seongbuk-gu for the establishment of the association, the authorization to implement the project on April 4, 2013, the authorization to implement the project on December 22, 2014, and the authorization to implement the management and disposal plan was publicly notified on December 26, 2014.

On June 26, 2015, the Seoul Special Metropolitan City Regional Land Tribunal accepted each of the instant building and its site for the above rearrangement project on June 26, 2015, and rendered a ruling to the effect that KRW 246,040,850 against Defendant B, KRW 254,895,80 against Defendant C, KRW 404,908,840 against Defendant D, and KRW 247,058,360 against Defendant E as compensation.

On August 10, 2015, prior to the date of expropriation prescribed by the above ruling (the date of August 14, 2015), the Plaintiff deposited each of the above compensations with the Defendants as the deposited parties.

【In the absence of dispute, Gap’s evidence Nos. 1 through 5 (including additional numbers), the purport of the entire pleadings, and the Defendants’ entire purport pursuant to Article 49(6) and (3) of the Act on Urban Improvement of Urban Areas and Dwelling Conditions for Residents, if the management and disposal plans are authorized and publicly announced, the use and profit-making of the former owner, lessee, etc. of the subject matter shall be suspended, and the project implementer may take over the subject matter to use and profit-making the subject matter to start the construction (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201).

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