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(영문) 서울북부지방법원 2018.05.02 2017가단133946
건물인도
Text

1. The Plaintiff:

(a) Defendant B and C are buildings listed in the annexed sheet No. 1;

B. Defendant D shall set out in Attachment 2 List 1.

Reasons

1. Facts of recognition;

A. On February 26, 2009, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 153,501 square meters from the head of Seongbuk-gu Seoul Metropolitan Government JJ as the project implementation district.

B. The Defendants are the owners or occupants of each building described in paragraph (1) of this Article located within the project implementation district.

C. The head of Seongbuk-gu Seoul Metropolitan Government announced the project implementation authorization on June 20, 2013 to the Plaintiff, and announced the project implementation authorization on September 25, 2014 and January 22, 2015. On February 24, 2017, the head of Seongbuk-gu publicly announced the project implementation authorization on the management and disposition plan (hereinafter “instant management and disposition plan”), and publicly announced on March 2, 2017.

On August 25, 2017, the local Land Tribunal of Seoul Special Metropolitan City rendered a ruling of expropriation on October 20, 2017 with the date of commencement of expropriation as of October 20, 2017. On October 19, 2017, the date of commencement of expropriation, the Plaintiff deposited the compensation for losses and additional charges for delay under the above ruling of expropriation, with each deposited person as of October 19, 2017.

[Ground of recognition] Defendant F and H: The fact that there is no dispute, each entry (including each number), the whole purport of the argument by Defendant B, C, D, E, G, and I (Article 208(3)2 of the Civil Procedure Act, and Defendant D submitted a formal answer demanding dismissal of the claim without stating any substantial reason for disputing the Plaintiff’s claim, and did not appear on the date for pleading, and therefore, it is deemed that the facts alleged by the Plaintiff were led to the confession of all the allegations by the Plaintiff in accordance with Article 150(3) of the Civil Procedure Act)

2. When a public announcement of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is made, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be able to use and profit from the former land or buildings.

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