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(영문) 서울남부지방법원 2017.02.15 2016가단241137
건물명도
Text

1. The Plaintiff:

(a) Defendant B and C, among the real estate listed in the separate sheet No. 1, shall indicate 1, 2, 3, 4, 5, 5.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established with the size of 52,716 square meters in Yeongdeungpo-gu Seoul Metropolitan Government E-gi as a project implementation district, after obtaining authorization for the implementation of the project on October 18, 2012 from the head of Yeongdeungpo-gu Seoul Metropolitan Government. Upon obtaining authorization for the implementation of the project on November 17, 2014, the Plaintiff received approval for the implementation of the project under Article 49(2) and (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on January 15, 2016. The Plaintiff publicly announced the approval for the implementation of the project on January 2

B. Each of the real estate mentioned in the order is located within the implementation zone of the rearrangement project, and the defendant B is located within the order No. 1.

A. The owner of the real property indicated in the port is the defendant C is the owner of the above real property and the defendant C occupies the above real property and operates the steel store, and the defendant D is the owner of the order

(b) is the owner of the real property described in the paragraph.

C. On December 15, 2016, the Plaintiff deposited the total amount of compensation for losses to the Defendants on October 28, 2016 by the local Land Tribunal of Seoul Special Metropolitan City.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11 (including additional number), the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Determination of Grounds for Claims, when a public notice of approval of a management and disposal plan is given for an urban rearrangement project, the owner of the previous land or structure, the lessee, etc. shall not use or profit from the previous land or structure, and the project implementer may use or profit from the land or structure. According to the above facts of recognition, the plaintiff completed the compensation for losses by depositing the total amount of compensation for each expropriation decision with the Defendants as the deposited parties after the public notice of approval of the management and disposal plan was given. Thus, the defendants are obligated to deliver each corresponding part to the

3. In conclusion, the plaintiff's claim against the defendants of this case is justified, and the costs of lawsuit are individually accepted in consideration of the process of filing the lawsuit of this case and the progress of the case.

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