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(영문) 서울서부지방법원 2015.09.24 2015가단201612
건물명도
Text

1. The Plaintiff:

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

B. Defendant C is among the real estate listed in the attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement an urban environment improvement project (hereinafter “instant rearrangement project”) on the land area of 49,382 square meters in Seodaemun-gu Seoul Seo-gu Seoul Metropolitan Government, and was notified by the head of Seodaemun-gu Seoul Metropolitan Government on August 29, 2007 of the authorization for establishment of the association, the authorization for the implementation of the project on April 15, 201, the authorization for the implementation of the project on December 27, 2013, the authorization for the implementation of the management and disposal plan was received on November 21, 201, and the public notice of the management and disposal plan on November 24, 2014 was given on June 9, 2006 for the instant rearrangement project.

B. Defendant B: (a) owned the real estate listed in the separate sheet 1; (b) Defendant D owned the real estate listed in the separate sheet 2; and (c) Defendant F and Defendant G did not file an application for parcelling-out according to the instant improvement project; and (b) became a person subject to cash liquidation; (c) Defendant C leased the two-story of real estate listed in the separate sheet 1; and (d) Defendant E leased the two-story of real estate listed in the separate sheet 3; and (e) the 48.48 square meters of underground room among the real estate listed in the

C. The Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Tribunal, in which no compensation is held between the Defendants. On February 27, 2015, the Seoul Special Metropolitan City Regional Land Tribunal made an adjudication of expropriation on April 17, 2015 with respect to each real estate listed in the separate sheet as indicated in the separate sheet. On April 13, 2015, the Plaintiff deposited KRW 537,554,00 for Defendant B, KRW 251,431,890 for Defendant D, KRW 117,729,040 for Defendant F, and KRW 151,751,170 for Defendant G, respectively.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 17 (including the provisional number), the purport of the whole pleadings

2. Since the management and disposal plan for the instant rearrangement project asserted by the Plaintiff was authorized and publicly announced on November 24, 2014, the Defendants were subject to the main sentence of Article 49 subparag. 6 of the Urban Improvement Act to the Plaintiff.

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