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(영문) 서울고등법원 2016.05.31 2016나2002749
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The Plaintiff:

A. Defendant D’s real estate listed in the separate sheet No. 1;

(b) Defendant E.

Reasons

1. Basic facts

가. 원고는 서울 관악구 M 일대 80,836m ^{2}를 사업시행구역으로 하여 설립된 주택재개발정비사업조합이다.

B. On November 12, 2009, the Plaintiff obtained the authorization for project implementation from the head of Gwanak-gu in Seoul Special Metropolitan City, and the authorization for project implementation on May 22, 2014, respectively. On February 17, 2015, the management and disposal plan 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”). The head of Gwanak-gu in Seoul Special Metropolitan City announced the management and disposal plan pursuant to Article 49(3) of the Urban Improvement Act

C. Each real estate listed in the separate sheet Nos. 1 through 4 (hereinafter “each real estate of this case”) is located in the project implementation district of this case.

The Defendants are owners of the relevant real estate stated in the order and all of them are subject to cash clearing.

The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, which did not reach an agreement on the Defendants’ compensation for losses with respect to each of the instant real estate. On January 29, 2016, the commission rendered an adjudication of expropriation on March 18, 2016, setting the date of commencement of expropriation as follows (hereinafter “instant adjudication of expropriation”).

Defendant D 459,917,00 won 140,346,790 won 600,263,790 won Defendant E 461,242,500 won 86,914,380 won 548,156,880 won 42,240,120 won 420,160,160,120 won 364,95,500 won 58,791,590 won 423,747,090 won

E. After having been sentenced to a judgment against the court of first instance, the Plaintiff deposited the full amount of compensation for losses under the above judgment as follows.

Defendant D’s deposit number on March 9, 2016, Defendant D’s deposit date: (a) on March 16, 2016, the Seoul Central District Court (Seoul Central District Court Decision 4634, Defendant E, March 16, 2016, Defendant F, March 16, 2016, No. 5521 of the Seoul Central District Court (Seoul Central District Court Decision 5526, March 16, 2016; (b) there is no dispute over the grounds for recognition; (c) Nonparty L, No. 5539 of the Seoul Central District Court Decision 2016, March 16, 2016 (including the serial number); (d) Nonparty 1 through 14 (including the serial number).

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