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(영문) 서울서부지방법원 2018.01.26 2017가단221443
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in [Attachment] Section 2;

B. Defendant C is listed in [Attachment List 5].

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership whose project implementation district is the Seodaemun-gu Seoul Western District.

B. The head of Seodaemun-gu Seoul Metropolitan Government approved the management and disposition plan on September 22, 2016 regarding the housing redevelopment improvement project implemented by the Plaintiff, and announced it around that time.

C. Each real estate listed in the separate sheet is located in the project implementation district above. Defendant B is the real estate listed in the separate sheet No. 2; Defendant C is the real estate listed in the separate sheet No. 5; Defendant D is the real estate listed in the separate sheet No. 6 and 7; Defendant E is the real estate listed in the separate sheet No. 8; Defendant F, G and H are the real estate listed in the separate sheet No. 9; Defendant I is the owner of each real estate listed in the separate sheet No. 12.

C. On August 25, 2017, the Plaintiff filed an application for adjudication because it did not reach an agreement on the compensation for losses with the Defendants, who are the subjects of cash settlement. On October 20, 2017, the Seoul Special Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on October 20, 2017.

On October 18, 2017, the Plaintiff deposited KRW 1,01,631,440 in Defendant B, ② KRW 1,032,324,490 in Defendant C, ③ Defendant D’s KRW 333,636,840 in the future, ④ Defendant E’s KRW 1,407,663,120 in the future, ⑤ Defendant F’s KRW 240,620,710 in the future, and ⑤ Defendant G and H’s KRW 108,730,350 in each of Defendant G and H’s KRW 419,89,640 in the future.

[Ground of recognition] Facts without dispute, Gap evidence 4, Gap evidence 5-2, 5 through 9, 12, Gap evidence 6, Gap evidence 7-1 through 8, and the purport of the whole pleadings

2. When the management and disposal plan of the implementer of a housing redevelopment and rearrangement project to determine the cause of a claim is authorized and publicly notified, the right holder of the previous land or structure shall lose the right to use or profit from the previous land or structure, and the implementer shall remove or remove the existing structure to implement the rearrangement project, as prescribed by the management and disposal plan;

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