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(영문) 서울북부지방법원 2017.06.20 2016가단147108
부동산인도
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in the Appendix 1.1;

B. Defendant C shall provide the real estate listed in Appendix 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association establishment authorization (hereinafter “instant association establishment authorization”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and an association establishment authorization (hereinafter “instant association establishment authorization”) on January 7, 2016, which has been obtained from the head of Seongbuk-gu Seoul Metropolitan Government Office on March 20, 209 from Seongbuk-gu as the project implementation district, with the Seongbuk-gu H Day as the project implementation district.

B. As the owner, Defendant B is the owner of the real estate listed in Appendix 1.3, Defendant C is the real estate listed in Appendix 2.3, Defendant D is the real estate listed in Appendix 3., Defendant E is the real estate listed in Appendix 4., Defendant F is the real estate listed in Appendix 6., and Defendant G occupies the real estate listed in Appendix 7.3, respectively, and each of the above real estate is within the said project implementation zone.

C. The head of Seongbuk-gu Seoul Metropolitan Government announced the project implementation authorization (hereinafter “instant project implementation authorization”) on January 10, 2013 to the Plaintiff on January 17, 2013, and announced it on January 17, 2013. On November 26, 2015, the head of Seongbuk-gu publicly notified the project implementation authorization, and on September 12, 2016, approved the management and disposition plan (hereinafter “instant management and disposition plan”), and publicly notified it on September 19, 2016.

On the other hand, on November 25, 2016, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation as of January 13, 2017, and on January 20, 2017, a ruling of expropriation as of March 10, 2017 (hereinafter collectively referred to as “instant adjudication of expropriation”) with the starting date of expropriation as of March 10, 2017.

E. On or before January 13, 2017, the Plaintiff deposited each of Defendant B, D, E, F, G, and Defendant C as the depositee before March 10, 2017, which is the date of the commencement of expropriation.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 16 (including the provisional number), the purport of the whole pleadings

2. The defendant C filed the instant lawsuit under the condition that the compensation procedure for losses against the defendant C was not completed.

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