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(영문) 서울북부지방법원 2015.11.05 2014가합5719
건물명도등
Text

1. The Plaintiff, Defendant B, the real estate listed in [Attachment] Nos. 1 and 2, and Defendant C, the attached Table No. 2.

Reasons

1. Basic facts

A. The Plaintiff is an association established to implement a housing redevelopment improvement project with respect to the size of 32,729.70 square meters in Dongdaemun-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Plaintiff obtained authorization from the head of Dongdaemun-gu Seoul Metropolitan Government for the establishment of the association on August 3, 2007, the authorization for the implementation of the project on April 9, 2009, the authorization for the implementation of the project on July 26, 2013, and obtained the authorization for the implementation of the project on April 14, 2014, and was publicly notified of the approval for the management and disposal plan on April 17,

B. Each real estate listed in the separate sheet is located in the above rearrangement zone, and Defendant B is co-owner of 11/13 shares of each real estate listed in the separate sheet Nos. 1 and 2, and each of the above real estate is occupied, used, and Defendant C occupies, uses, jointly with Defendant B, the real estate listed in the separate sheet No. 2.

Defendant D, as the owner of each real estate listed in the attached list Nos. 3 and 4, has occupied and used the above real estate.

C. Defendant B and D are objects of cash liquidation not applying for parcelling-out, and the local Land Tribunal of Seoul Special Metropolitan City decided on May 22, 2015 on the commencement date of expropriation on July 10, 2015 with respect to each real estate listed in the separate sheet. D

Accordingly, on June 1, 2015 and June 3, 2015, the Plaintiff sent to Defendant B and D a notice on the receipt of the adjudication compensation to the effect that “Defendant B shall be deposited and payable if each of the compensation was adjudicated to be KRW 132,085,940, and Defendant D shall be KRW 394,541,200, and the said compensation was not received by June 9, 2015.”

E. Upon Defendant B and D’s refusal to receive compensation in accordance with the ruling of acceptance, the Plaintiff deposited the deposited amount of KRW 394,541,200 with the Seoul Northern District Court KRW 2716, Jul. 1, 2015 with the deposited amount of KRW 132,085,940 as the deposited amount of KRW 2869, Jul. 8, 2015, respectively, with the deposited amount of KRW 132,085,940 as the deposited amount of KRW 2869 as the Seoul Northern District Court Decision 2015.

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