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(영문) 서울중앙지방법원 2016.05.17 2015가단5199467
건물명도
Text

1. The Plaintiff:

(a) Defendant B and C shall have the real property listed in Appendix 1 list:

B. Defendant D shall be the real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with a housing redevelopment and rearrangement project area of 80,836 square meters in Seoul, Gwanak-gu, Seoul Special Metropolitan City.

B. The Plaintiff received authorization from the head of Gwanak-gu in Seoul Special Metropolitan City to establish an association on February 1, 2008, authorization to implement a project on November 12, 2009, and authorization for a management and disposition plan on February 17, 2015 (hereinafter “instant management and disposition plan”), respectively, and the head of Gwanak-gu in Seoul Special Metropolitan City publicly announced the instant management and disposition plan on February 17, 2015.

C. Defendant B and Defendant C are co-owners of the real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”), and Defendant D occupies each of the attached drawings No. 1, 2, 3, 4, 5, and 30.46 square meters inboard part connected with each of the two floors of the instant real estate (hereinafter referred to as “part of the instant real estate”). The instant real estate is located within the project implementation district of the instant case, and Defendant B and C are subject to cash liquidation without filing an application for parcelling-out.

With respect to the instant real estate, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal in order to not reach an agreement with Defendant B and Defendant C. On January 29, 2016, the said Committee rendered an adjudication of expropriation (hereinafter “instant adjudication of expropriation”) on March 18, 2016 with each of the aforementioned Defendants’ compensation amounting to KRW 187,359,750, and the starting date of expropriation.

E. On March 9, 2016, the Plaintiff deposited Defendant B as the principal of the deposited money with the Seoul Central District Court Decision 2016Da4968, and on March 16, 2016, the Defendant C as the principal of the deposited money under the Seoul Central District Court Decision 2016No518, March 16, 2016, and deposited the total amount of the relevant compensation for losses as indicated in each of the preceding paragraphs.

[Ground of recognition] Facts without dispute, Gap 1 to Gap 6, Gap 12-1 to Gap 17, the purport of the whole pleadings

2. Judgment on the party's assertion

(a) Judgment on the cause of the claim is below the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

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