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(영문) 서울서부지방법원 2018.04.04 2017가합35045
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B shall have the real property listed in the separate sheet Nos. 1 to 3;

B. The defendant C shall list the annexed list.

Reasons

Facts of recognition

A. The Plaintiff is a housing redevelopment and rearrangement project association established on April 13, 2010 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the housing redevelopment and rearrangement project district of the Seodaemun-gu Seoul Metropolitan Government 58,385 square meters wide.

B. On September 22, 2016, the Plaintiff received an administrative disposition plan for the instant rearrangement project, and the head of Mapo-gu Seoul Metropolitan Government publicly notified the said administrative disposition plan around that time.

C. Defendant B is the owner of each real estate listed in the separate sheet Nos. 1 through 3 located within the instant rearrangement project implementation zone, and Defendant C is the owner of each real estate listed in the separate sheet No. 4 located within the said implementation zone, and the Defendants occupied and used each pertinent real estate listed in the separate sheet No. 4 (hereinafter “each pertinent real estate”).

On August 25, 2017, the Plaintiff filed an application for adjudication of expropriation with the Defendants, which did not reach an agreement on compensation, and received the adjudication of expropriation from the Seoul Special Metropolitan City Regional Land Tribunal on the Defendants’ real estate, including each of the relevant real estate.

(O) On October 20, 2017, the Plaintiff deposited the Defendants as their respective depositors on October 20, 2017 and deposited the compensation for losses as stipulated in the above confinement ruling.

[Seoul Western District Court No. 4664 (Defendant B, deposited amount 2,46,823,170 won) in 2017, Seoul Western District Court No. 4668 (Defendant C, Defendant C, and deposited amount 62,246,50 won) in 2017]. [Grounds for recognition] There is no dispute

A. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan under the aforesaid Act is authorized and publicly announced, and the compensation for losses arising from the expropriation of land, etc. is completed, profits of the right holder, such as the owner, lessee, etc. of the previous land

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