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(영문) 서울남부지방법원 2018.11.16 2018가단218933
건물명도(인도)
Text

1. The Plaintiff, Defendant C, and Defendant D, each of the real estate listed in Appendix 11, and the real estate listed in Appendix 13, respectively.

Reasons

1. Determination as to the claim against Defendant C and D

A. 1) The Plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) within the Yangcheon-gu Seoul E-gu 19,59.50 square meters.

(ii) On April 15, 2009, the Housing Redevelopment Project Association approved by the head of Yangcheon-gu Seoul Metropolitan Government on the establishment of an association on April 15, 2009. (ii) Defendant C owns real estate listed in the [Attachment 11] list in the Plaintiff’s business area, and Defendant D owns real estate listed in the [Attachment 13] list in the same business

The defendants have possessed each of the above real estate as a person subject to cash liquidation who has not filed an application for the application for parcelling-out of redevelopment housing up to now.

3) The Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with the Defendants on the compensation for loss. On January 26, 2018, the date of the commencement of expropriation was decided by the local Land Tribunal of Seoul Special Metropolitan City, which was April 13, 2018. The Plaintiff deposited KRW 588,251,840 to Defendant C as the depositee, and KRW 491,113,510 to Defendant D as the compensation for loss under the above adjudication of expropriation. [Grounds for recognition] The Plaintiff did not dispute with the Defendants, and the Plaintiff deposited KRW 588,251,840 to Defendant C as the depositee, and KRW 491,13,510 to Defendant D as the compensation for loss under the above adjudication of expropriation. The Plaintiff’s entire purport of the arguments and all arguments (Defendant C’s assertion of confession)

B. 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 said Act is authorized and publicly announced, and compensation for losses arising from the expropriation of land, etc. is completed, profit-making by a right holder, such as the owner, lessee, etc. of the previous land or buildings within the project area, shall be suspended and a project implementer

In light of the above legal provisions, after the management and disposal plan for the housing redevelopment rearrangement project was authorized and publicly announced, the plaintiff paid compensation in accordance with the agreement to the defendants.

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