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(영문) 서울북부지방법원 2019.06.14 2018가단11715
건물인도
Text

1. The Plaintiff:

A. Defendant B is one point out of the real estate listed in the separate sheet Nos. 6, 7, 8, 9, and 6.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”).

2) According to the resolution of the court below, the housing redevelopment improvement project (hereinafter “instant improvement project”) with the Seoul Seongbuk-gu Seoul F Day as the project implementation district.

(2) The Plaintiff obtained the approval from the head of Seongbuk-gu Seoul Metropolitan Government on July 4, 2013, and received the approval of the management and disposal plan from the head of the same Gu on July 27, 2017 pursuant to Article 48(1) of the Urban Improvement Act. The management and disposal plan was publicly announced as G publicly announced in Seongbuk-gu Seoul Metropolitan Government on the same day.

3) The Defendants are the occupants of each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”) among the first floor of the attached list in the zone where the instant improvement project is implemented. (b) The Defendants are the occupants of each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”). The Plaintiff deposited the Defendants with the local Land Tribunal in order to obtain a decision on expropriation of the Defendants, which did not reach an agreement on the compensation for losses, on January 3, 2019, with Defendant B as the depositee, and with Defendant B as the depositee in this Court’s KRW 50,465,000, and Defendant C as the depositee in January 8, 2019, with Defendant C as the depositee in this Court KRW 33,730,000,000 in this Court’s KRW 232, Jan. 7, 2019; Defendant D and E as the depositee in this Court’s KRW 14,005, respectively, and there were no grounds for dispute over each of the deposit number No.

2. Determination

A. When the decision on the cause of the claim 1-related legal principles and the public notice of the management and disposal plan under Article 49(3) of the Urban Improvement Act is given, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, is suspended pursuant to Article 49(6) of the same Act

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