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(영문) 서울서부지방법원 2017.05.11 2016가단26030
건물명도
Text

1. The Plaintiff:

A. Defendant B all the second floor and rooftops among the real property listed in the Schedule No. 1;

B. Defendant C.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To describe the part corresponding to the above defendant among the grounds for the claims in attached Form;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against the remaining Defendants

A. Determination 1 on the cause of claim A) The Plaintiff is a housing redevelopment project partnership 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 “Urban Improvement Act”) by setting the first unit of Eunpyeong-gu Seoul Metropolitan Government as a project implementation district.

B) The head of Eunpyeong-gu Seoul Metropolitan Government approves the management and disposal plan on February 25, 2016 on the housing redevelopment improvement project implemented by the Plaintiff, and around that time publicly announced it.C) Defendant F owns the real estate listed in the attached Table 10, Defendant G, and H respectively, and 1/2 shares of the real estate listed in the attached Table 11.

On the other hand, Defendant C filed an application for adjudication with the local Land Tribunal in Seoul Special Metropolitan City, which did not reach an agreement on the acquisition, etc. of the real estate between the owners of the real estate in the project implementation district, including the aforementioned Defendants, but did not reach an amount of compensation, on October 28, 2016, the local Land Tribunal in Seoul Special Metropolitan City made an adjudication of expropriation (hereinafter “adjudication of expropriation”) as of December 16, 2016, with the date of commencement of expropriation as of December 16, 2016, on which the date of commencement of expropriation on October 28, 2016 as stipulated in the attached Table 5.

A) On December 14, 2016, the Plaintiff deposited KRW 116,112,270 against Defendant F, and KRW 109,240,210 for Defendant G and H, respectively, as compensation determined by the instant decision on expropriation. [The Plaintiff deposits KRW 116,112,270 for Defendant G and H, and KRW 109,240,210 for each of the following facts: (a) there is no dispute over the grounds for recognition; (b) evidence Nos. 1 through 4, evidence No. 5-10, and evidence No. 6-2 through 12,

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