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(영문) 서울서부지방법원 2018.01.11 2017가단222750
건물명도(인도)
Text

1. Of the attached real estate list to the Plaintiff:

A. Defendant B: the real estate described in paragraph 1;

B. The defendant C and D are set forth in paragraph 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association approved by the head of Seodaemun-gu Seoul Metropolitan Government on April 7, 2010 for the purpose of housing redevelopment and rearrangement project whose project area covers 58,385 square meters of P of Seodaemun-gu Seoul Metropolitan Government P.

B. The Plaintiff received authorization for project implementation from the head of Seodaemun-gu Seoul Metropolitan Government on June 13, 201, authorization for project implementation on July 8, 2015, and authorization for project implementation on September 22, 2016, respectively.

The above management and disposal plan was announced on September 28, 2016.

C. The Defendants are owners of each of the pertinent real estate stated in the text (hereinafter collectively referred to as “each of the pertinent real estate”), and each of the pertinent real estate is “A”.

is located in the project implementation district described in subsection (d).

On August 25, 2017, the Seoul Special Metropolitan City Regional Land Expropriation Committee (hereinafter “Local Land Expropriation Committee”) rendered a ruling to expropriate each of the Defendants’ respective real estate and transfer the goods, and to accept compensation for each of the Defendants. Accordingly, the Plaintiff deposited each of the Defendants’ respective compensation on October 20, 2017, which is the starting date of the above expropriation ruling.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Although Defendant B asserted that the lawsuit in this case should be dismissed due to the lack of the Plaintiff’s standing to sue, in the lawsuit for performance, the standing to sue lies in a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not shall be proved through the deliberation of the merits.

Therefore, the plaintiff who asserts that he/she has the right to demand performance has the standing to file the lawsuit in this case.

Defendant B’s main defense of safety cannot be accepted.

3. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) as to the cause of the claim.

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