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(영문) 서울북부지방법원 2018.07.20 2017가단133205
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant C, real estate listed in Appendix 1 Schedule C, and real estate listed in Appendix 2 Schedule 1.

Reasons

1. Basic facts

A. On February 26, 2009, the Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 153,501 square meters from the head of Seongbuk-gu Seoul Metropolitan Government as the project implementation district.

B. Defendant C is the owner of the building indicated in paragraph (1) of the attached Table 2 within the said project implementation district, and Defendant B is the owner of the building listed in the attached Table 1 located within the said project implementation district, and Defendant D is the occupant of the building listed in paragraph (3) of the attached Table 2 located within the said project implementation district.

C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on June 20, 2013 with respect to the Plaintiff, and publicly announced the authorization to implement the project on January 22, 2015. On February 24, 2017, the head of Seongbuk-gu Seoul Metropolitan Government approved the management and disposal plan and publicly announced it on March 2, 2017.

On the other hand, on August 25, 2017, the Seoul Special Metropolitan City Local Land Tribunal rendered a ruling of expropriation on October 20, 2017 for the plaintiff's improvement project.

On October 19, 2017, prior to the date of commencement of expropriation, the Plaintiff deposited the total amount of compensation for losses and additional charges for delay under the above expropriation ruling with the owners of the real estate listed in the separate list of Defendant C, etc. as each of the deposits.

[Ground for Recognition] Defendant C: The fact that there is no dispute over Defendant C, D: the entry of each of the evidence of Nos. 1 through 6 (including a serial number), the purport of the whole pleadings

3. When the approval of the management and disposal plan stipulated in Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas is publicly notified, the use and profit-making of right holders, such as owners, superficies, persons having a right to lease on the previous land or buildings, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are subject to the public notice

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