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(영문) 서울북부지방법원 2019.04.25 2018가단108619
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the annex 2 list;

B. Defendant C shall provide the real estate listed in Appendix 8.

Reasons

[Judgment as to Claim against Defendant B]

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act (Judgment on claim against Defendant C, D, and E);

1. Facts of recognition;

A. The Plaintiff is the project implementer of the “A Housing Redevelopment Improvement Project” and the Defendants are tenants within the said project zone, and the Defendant C occupies the real estate listed in the separate sheet No. 8, the real estate listed in the separate sheet No. 9, 10, and the real estate listed in the separate sheet No. 11.

B. On October 12, 2017, the head of Dongdaemun-gu Seoul Metropolitan Government publicly announced that the management and disposal plan for the above rearrangement project was authorized.

C. On January 25, 2019 and February 22, 2019, the Seoul Special Metropolitan City Regional Land Tribunal completed the adjudication of expropriation of the said real estate possessed by the Defendants (each of the date of expropriation shall be March 15, 2019 and April 12, 2019, respectively), and the Plaintiff completed the procedures of deposit of compensation pursuant to the said adjudication of expropriation on March 12, 2019 and March 14, 2019 and March 27, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Since the public notice of the determination of the management and disposal plan as to the cause of the claim and the acceptance ruling and deposit procedure against the Defendants have been completed, the Defendants are obligated to deliver each real estate listed in the separate sheet 8 through 11, which the Defendants possess to the Plaintiff, the project implementer, pursuant to Article 81(1) of the Act

3. Judgment on the defendants' assertion

A. The summary of the argument of Defendant C1 is as follows: (i) there was no adequate compensation for loss against the Defendant; (ii) the lawsuit seeking confirmation of invalidity is pending on the grounds that the prior consultative body has not been operated regarding the instant management and disposition plan; and (iii) the lawsuit seeking confirmation of invalidity of the disposition granting authorization to the Plaintiff is pending on the grounds that the consent ratio necessary for the establishment of the association falls short of the ratio; (ii) the amount of compensation.

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