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(영문) 서울북부지방법원 2020.05.06 2019가합25312
부동산인도 등
Text

1. The Plaintiff:

A. Defendant B is among the real estate listed in paragraph 1 of the attached list and the real estate listed in paragraph 2 of the attached list.

Reasons

Facts of recognition

On August 31, 2011, the Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization to establish an association pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) from the head of Jung-gu, Seoul as the project implementation district with the size of 44,725 square meters.

On August 7, 2015, the head of China authorized the plaintiff to implement the project on August 7, 2015, approved the management and disposal plan on March 12, 2018, and announced it on March 15, 2018.

Defendant D and E are co-owners (cash) of the real estate listed in attached Table 6 (hereinafter “instant building”) located in the project implementation district, and the rest of the Defendants are tenants of each of the relevant real estate stated in the order.

In order to implement the said redevelopment project, the Plaintiff consulted with Defendant D and E to acquire the ownership of the instant building, but failed to reach an agreement, filed an application for adjudication of expropriation of the said building with the local Land Expropriation Committee of Seoul Special Metropolitan City, and accordingly, on April 26, 2019, the Seoul Special Metropolitan City Land Expropriation Committee rendered a ruling of expropriation on June 14, 2019 (hereinafter “instant adjudication of expropriation”).

On June 13, 2019, prior to the date of commencement of expropriation according to the instant ruling of acceptance, the Plaintiff deposited the compensation following the ruling of expropriation of the instant building with Defendant D and E as a depositee under the Seoul Northern District Court Decision No. 2167, 2211 in 2019.

【Defendant D: In the absence of dispute, Gap evidence Nos. 1, 3 through 10, Gap evidence No. 2-8, Gap evidence No. 11-5, defendant No. 2, C, and Eul: 5-11-2 of confessions (Article 208(3)2 and Article 150(3) main text of the Civil Procedure Act) Article 81(1) of the Urban Improvement Act provides that when a right holder, such as the owner, superficies, lessee, etc. of the previous land or building, has publicly notified of the approval plan for the management and disposal under Article 78(4), he/she shall use or profit from the previous land or building until the date of public notice of transfer under Article 86.

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