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(영문) 서울북부지방법원 2020.05.14 2019가단128023
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is the building listed in the attached Table 1 list;

B. Defendant C shall be the building listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment improvement project partnership (hereinafter “instant project”) that completed the registration of incorporation on July 21, 2010 with the approval of the establishment from the head of Seongbuk-gu Seoul Metropolitan Government on July 19, 2010 for the purpose of implementing the housing redevelopment improvement project (hereinafter “instant project”).

B. Defendant B is the owner of the building indicated in the attached Table 1 list in the project zone of this case and its site, and became a person eligible for cash settlement because he did not apply for parcelling-out within the period of application for parcelling-out as notified by the Plaintiff, and the remaining Defendants are those who leased and occupy each relevant building listed in the attached Tables 2 through 7.

C. On August 30, 2018, the Plaintiff obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government on the management and disposal plan for the instant project, and the head of Seongbuk-gu Seoul Metropolitan Government publicly notified the plan to K on September 6, 2018.

The Plaintiff filed an application with the Seoul Special Metropolitan City Regional Land Tribunal for adjudication of expropriation of the buildings and their lots listed in the attached Table 1, which are owned by Defendant B, and on July 26, 2019, the said Committee determined the commencement date of expropriation as of September 27, 2019 with regard to the above buildings and their lots owned by Defendant B.

On September 20, 2019, the Plaintiff deposited KRW 789,640,200 (i.e., land compensation of KRW 639,03,00 building compensation of KRW 150,607,20) with Defendant B as the deposited person (i.e., land compensation of KRW 639,03,00).

[Based on recognition] Defendant B: Each description of Defendant C, F, G, and H under Article 150(3) and (1) of the Civil Procedure Act that has no dispute, and the purport of the whole pleadings and arguments as to whether there is a confession under Article 150(1) of the Civil Procedure Act.

2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), with respect to the cause of the claim, the previous land or buildings in the redevelopment project.

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