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(영문) 서울북부지방법원 2017.05.10 2016가단135013
건물명도
Text

1. The plaintiff, Ga.

Defendant B andC shall be subject to paragraph (1) of attached Table 1,

Defendant D shall submit attached Form 3 (3) buildings, and C.

Reasons

Facts of recognition

On April 27, 2010, the Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization to establish an association from the head of Seongbuk-gu Office pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

DefendantB andC are co-owners and occupants of each 1/2 shares of the building listed in the attached list among the buildings listed in paragraph (1) of the attached list; Defendant D is the owner and possessor of the building listed in the attached list; Defendant E is the owner and possessor of the building listed in paragraph (4) of the attached list; Defendant F is the owner and possessor of the building listed in the attached list; DefendantG is the owner and possessor of the building listed in paragraph (6) of the attached list; Defendant H is the owner and possessor of the building listed in the attached list; Defendant A is the owner and possessor of the building listed in paragraph (7) of the attached list; and Defendant J is the lessee

(hereinafter referred to as “each of the instant buildings” in total, including the above real estate owned or occupied by the Defendants. The head of Seongbuk-gu authorizing the Plaintiff to implement the project on November 26, 2013, and publicly notifying the Plaintiff on December 3, 2013, and approving the management and disposal plan on March 18, 2016, and publicly notifying it on March 24, 2016.

On October 28, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling to expropriate each of the instant buildings and attached facilities for the said rearrangement project.

Therefore, before the commencement date of expropriation ( December 16, 2016), the Plaintiff deposited the Defendants (excluding Defendant J) who are the owners of each building of this case as the owner of each building of this case as the principal deposit, and deposited the compensation determined by the said adjudication.

【Non-contentious facts, Gap’s evidence Nos. 1 through 6 (including a branch number), and the purport of the entire pleadings, but the above facts revealed that the plaintiff acquired the ownership of each of the buildings of this case upon deposit of compensation for expropriation. Thus, the defendants are obligated to deliver to the plaintiff the part of their possession among each of the buildings of this case.

The Defendants (excluding Defendant J) shall receive resettlement funds, housing relocation expenses, and directors' expenses.

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