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(영문) 서울남부지방법원 2016.12.21 2016가단222129
건물명도
Text

1. The Plaintiff, the Defendant B, the real estate listed in the separate sheet 11, and the Defendant C, the real estate listed in the separate sheet 19, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that has been established with the total area of 174,801 square meters in Yangcheon-gu Seoul Metropolitan Government as a project implementation district.

B. The Plaintiff received the authorization for project implementation on December 21, 2009 from the head of Yangcheon-gu Seoul Metropolitan Government, and the authorization for the management and disposal plan 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”), respectively, on December 10, 2015, and around that time, the management and disposal plan was

C. The Defendants are the owners of each real estate listed in the separate sheet 11 and 19 located within the project implementation district (hereinafter “real estate of this case”) and who did not apply for a parcelling-out as the owners of each real estate in the separate sheet 11 and 19 located within the said project implementation district.

The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, in order to not reach an agreement on the Defendant B and the compensation for losses with respect to the instant real estate on September 11, 2016. On November 18, 2016, the committee decided to expropriate Defendant B by setting the date of commencement of expropriation as KRW 193,624,490, and the compensation for losses for Defendant B was determined as KRW 193,624,490, and the Plaintiff deposited the full amount of compensation for losses due to the said adjudication of expropriation on November 14, 2016, upon the death of Defendant B while the lawsuit is pending.

[Reasons for Recognition] Defendant B: The absence of dispute, each entry in Party A’s Evidence Nos. 1 through 6 (including a branch number), and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of the part of the claim against Defendant B, the Plaintiff was obligated to deliver the real estate of this case to the Plaintiff on November 1, 200, after the public notice of approval of the management and disposal plan was given and the heir of the above Defendant was deposited as a depositee and completed compensation for losses.

B. Judgment on deemed confession as to the part of claim against Defendant C (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

3. Thus, the plaintiff's claim against the defendants is justified, and the costs of lawsuit are assessed against the defendants in this case.

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