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(영문) 서울북부지방법원 2019.05.30 2018가단108718
건물명도(인도)
Text

1. The Plaintiff:

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

B. Defendant D is listed in the Appendix 2 List.

Reasons

[Judgment as to Defendant B, C, F, G, and H]

1. Facts of recognition;

A. The plaintiff is the project implementer of "A Housing Redevelopment Improvement Project", and the above defendants are those who own and occupy each real estate listed in the attached Form 1, 3, 4, and 5 list located within the project zone as shown below.

Real estate listed in the real estate list No. 3 attached to Defendant B and C, as indicated in the real estate No. 3 List of Defendant F, as indicated in the real estate No. 4 attached to Defendant G

B. On October 12, 2017, the management and disposal plan was publicly announced regarding the above rearrangement project.

C. The Seoul Special Metropolitan City Local Land Tribunal set the compensation for the said Defendants through a ruling of expropriation, and the Plaintiff deposited the relevant compensation with the Seoul Northern District Court on the day indicated below.

Defendant C on March 20, 2019, the date of deposition of compensation for losses on February 22, 2019: Defendant C on April 12, 2019, KRW 507,976,260, and KRW 260 on March 20, 2019; Defendant F on March 20, 2019; Defendant F on April 22, 2019; KRW 33,264,480; KRW 480 on April 12, 2019; and Defendant C’s evidence Nos. 3554, Apr. 22, 2019; and Defendant C on April 22, 2019; and Defendant C’s evidence Nos. 3748, Apr. 33, 2019; and Defendant 4-2, Defendant 205, respectively, on April 22, 2019;

2. Determination on the cause of the claim

A. Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that a right holder, such as the owner of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan. However, the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) shall apply with the consent of the

The same shall not apply to cases where compensation for losses has not been completed.

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