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(영문) 서울북부지방법원 2019.06.14 2018가단112762
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

A) According to the Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) with the project implementation district of the Dongdaemun-gu Seoul Metropolitan Government I large scale of 53,149.50 square meters as the project implementation district.

In order to carry out the project, the establishment of the association is approved by the head of Dongdaemun-gu Seoul Metropolitan Government on September 4, 2008 (hereinafter referred to as "the establishment of the association of this case").

(2) On September 29, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of Dongdaemun-gu Seoul Metropolitan Government pursuant to Article 48(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions, and the management and disposal plan was publicly announced by Dongdaemun-gu Seoul Metropolitan Government Public Notification Council on October 12, 2017.

3) The Defendants are the occupants of each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) located within the zone where the instant improvement project is implemented. B. The Plaintiff against the Defendants filed an application for adjudication of expropriation with the competent Land Tribunal of Seoul Special Metropolitan City, which did not consult with the Defendants on the compensation for losses, and filed an application for adjudication of expropriation on February 22, 2019 with the said Committee on April 12, 2019; (i) business compensation for Defendant C (as KRW 5,584,00,00, KRW 35,448,310, KRW 43,928,810; (ii) KRW 39,124,470, KRW 470; and (iii) KRW 43,410, KRW 29, KRW 410 with the court deposit money for suspension of work for Defendant C as KRW 39,50, KRW 29, KRW 194; and (iv) Defendant C deposit money for Defendant H as Defendant 105, 194.

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