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(영문) 서울서부지방법원 2017.04.07 2015가단244619
건물명도
Text

1. The Plaintiff:

(a) Defendant B, C, D, E, and F are 3.06 square meters per floor among the real estates listed in the separate sheet;

B. Defendant G is above.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers Mapo-gu H Il, and Defendant B, C, D, E, and F are the co-owners of the instant real estate in which “the real estate less than the real estate indicated in the attached Table as the heir of the network I” is the co-owners of the instant real estate, and Defendant G is the lessee of the rooftop part of the instant real estate.

B. The head of Mapo-gu Seoul Metropolitan Government approved the management and disposal plan on December 8, 2014 regarding the housing redevelopment improvement project implemented by the Plaintiff, and publicly notified the plan on March 12, 2015.

The instant real estate is located within the said project implementation district.

C. The Plaintiff filed an application for adjudication because it did not consult with the land owners in the project implementation district on compensation for losses.

On January 29, 2016, the local Land Tribunal of Seoul Special Metropolitan City rendered a ruling of expropriation on March 18, 2016 at the commencement date of expropriation.

hereinafter referred to as "the acceptance ruling of this case"

D. The Plaintiff deposited KRW 644,463,40 in the first place on March 16, 2016 according to the above acceptance ruling.

E. Meanwhile, even though Defendant B, C, D, E, and F died on November 3, 1997, Defendant B did not complete the registration of inheritance on the instant real estate, and completed the registration of ownership transfer on March 4, 2016, after the date of the instant decision of expropriation.

[Ground of Recognition] Defendant 1 through 5: The absence of dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, defendant 6: The purport of the whole pleadings

2. Determination on the cause of the claim

A. When the management and disposal plan of the implementer of the housing redevelopment project under the duty to deliver the real estate of this case is approved and publicly notified, the right holder of the previous land or structure shall lose the right to use or profit from the previous land or structure as stipulated in the management and disposal plan, and the implementer shall remove the existing structure or acquire the right to dispose of or use it by other methods (Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents).

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