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(영문) 서울북부지방법원 2020.06.18 2019가단128320
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B, C, and D are buildings listed in paragraph 1 of the attached Table;

B. Defendant E shall submit the attached list No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment improvement project partnership (hereinafter “instant project”) that completed the establishment registration on July 19, 2010 with the approval from the head of Seongbuk-gu Seoul Metropolitan Government on the establishment of the association on July 21, 2010 for the purpose of implementing the housing redevelopment improvement project (hereinafter “instant project”).

B. Defendant B, C, and D are co-owners of the building indicated in paragraph (1) of the attached list in the project area of this case and its site, who became a person eligible for cash settlement because they did not apply for parcelling-out within the period of application for parcelling-out notified by the Plaintiff. The remaining Defendants leased each of the pertinent buildings listed in paragraphs 2 through 6 of the attached list and occupy them for residential purposes.

C. On August 30, 2018, the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on the management and disposal plan for the instant project, and the head of Seongbuk-gu Seoul Metropolitan Government publicly announced the plan as L of Seongbuk-gu Seoul Metropolitan Government public announcement on September 6, 2018.

The Plaintiff filed an application with the Seoul Special Metropolitan City Regional Land Tribunal for adjudication of expropriation of the buildings and their lots listed in attached Table No. 1 of the attached Table No. 2, C, and D, and on July 26, 2019, the said Committee decided to expropriate the above buildings and their lots on September 27, 2019.

According to the above ruling of acceptance on September 26, 2019, the Plaintiff deposited KRW 326,454,300 as deposited by Defendant B as deposited, KRW 239,448,410 as deposited by Defendant C as deposited, and KRW 326,454,510 as deposited by Defendant D as deposited on the same day.

[Reasons for Recognition] Each entry of Defendant B, C, D, G, and I: Party E, F, H, and J under Article 150(3) and (1) of the Civil Procedure Act

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

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