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(영문) 서울중앙지방법원 2016.04.28 2015가단5381174
부동산 명도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3.

Reasons

1. Facts of recognition;

A. On June 5, 2015, the Plaintiff Cooperative is a housing redevelopment and rearrangement project partnership established under the Act on the Improvement of Urban and Residential Environments, and was authorized by the head of Dongjak-gu Seoul head of the Gu, and announced the management and disposal plan on June 11, 2015.

B. The real estate listed in the separate sheet (hereinafter “instant real estate”) is located in the business area of the Plaintiff Union. The original networkF and Defendant B shared 1/2 shares, respectively. As the networkF dies, the Defendants, the heir, jointly inherited the shares owned by the networkF.

[Ground of recognition] Facts without dispute, Gap 1, 2, Gap 3-1, 2, Gap 7-2, and the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants, the owners of the instant real estate, are obligated to deliver the instant real estate to the Plaintiff pursuant to Article 49(6) of the Act on the Maintenance of Urban and Residential Environments.

3. As to the defendants' assertion, the defendants' appraisal of the real estate of this case was unjustly erroneous and the amount of compensation calculated based on the appraisal is also unfair. Thus, the defendants' assertion to the purport that the plaintiff cannot respond to the plaintiff's claim until fair compensation is paid. However, the above circumstance alleged by the defendants cannot be a justifiable ground for refusing the plaintiff's claim of this case under the Urban and Residential Environment Improvement Act. Thus, the defendants' assertion is without merit

4. In conclusion, the plaintiff's claim against the defendants of this case is with merit, and it is so decided as per Disposition.

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