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(영문) 서울서부지방법원 2017.11.28 2017가단216427
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B all the buildings listed in Section 1 of the attached Table 1’s Schedule;

B. Defendant C shall be as shown in Appendix 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) by setting the Eunpyeong-gu Seoul Metropolitan Government E unit as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On January 13, 2017, the head of Eunpyeong-gu Seoul Office approved the management and disposal plan concerning the instant rearrangement project, and publicly notified it on January 19, 2017.

C. Defendant B is the owner of the building listed in paragraph (1) of the attached list of real estate, and Defendant C is the owner of the building listed in paragraph (2) of the attached list of real estate attached hereto, and the lessee of the attached list of real estate 63.32 square meters and the Defendant D is the owner of the building listed in paragraph (2) of the attached list of real estate 1 in sequence connected each point in the attached list 1,2, 3, 4, 5, 5,6

Each of the above real estate is located within the project implementation district of the instant rearrangement project, and as of the date of closing argument of the instant case, the said Defendants occupy the relevant real estate stated in each disposition.

Defendant B and D are the objects of cash liquidation. The Plaintiff consulted with the owners of real estate in the project district including the above Defendants on the acquisition of the real estate, but did not reach an agreement on the grounds of the lack of compensation, etc., the Plaintiff filed an application for adjudication with the Seoul Special Metropolitan City Regional Land Expropriation Committee. Accordingly, on January 20, 2017, the Seoul Special Metropolitan City Local Land Expropriation Committee rendered a ruling of expropriation on March 10, 2017.

The Plaintiff completed the payment and deposit of compensation for losses to the said Defendants, and completed the registration of transfer of ownership in the Plaintiff’s future on April 18, 2017 due to the expropriation on March 10, 2017 with respect to the relevant real estate stated in each order.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings

2. For Defendant D to determine the cause of the claim, an announcement of the administrative disposition plan stipulated in Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas by Publication is given.

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