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(영문) 서울서부지방법원 2020.02.14 2019가단204176
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Appendix 1 list;

B. Defendant C shall provide the real estate listed in the Appendix 3 list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project association under the Housing Redevelopment Project Act (hereinafter “instant redevelopment project”) under the Urban and Residential Environment Improvement Act (hereinafter “Urban and Residential Environment Improvement Act”) in Seodaemun-gu Seoul, which obtained authorization from the head of Seodaemun-gu Seoul Metropolitan Government on September 4, 2009 and completed the establishment registration on September 9, 2009.

Defendant B is a person who owns and occupies the real estate listed in the separate sheet No. 1; Defendant C is a real estate listed in the separate sheet No. 3; Defendant D is a real estate listed in the separate sheet No. 5; Defendant E is a person who owns and occupies the real estate listed in the separate sheet No. 6 (hereinafter referred to as “each of the instant real estate”), within the instant redevelopment project site; and is disqualified from the Plaintiff’s membership by failing to apply for parcelling-out during

B. On July 10, 2018, the Plaintiff received the approval of the management and disposal plan from the head of the Gu, and the details thereof were publicly notified as G of Seodaemun-gu Seoul Metropolitan Government on the same day.

C. On January 25, 2019, the Plaintiff filed an application for adjudication of expropriation with the Defendants on the compensation of losses, and received the adjudication of expropriation on March 15, 2019 with respect to each of the instant real estate from the local Land Tribunal of Seoul Special Metropolitan City on the date of commencement of expropriation. On March 11, 2019, the remaining Defendants except Defendant D, except for Defendant D, and on March 15, 2019, Defendant D as each of the deposited money, deposited all compensation for losses (land compensation, obstacle compensation, delay in payment) for each of the instant real estate in accordance with the said adjudication of expropriation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Determination

A. According to the main sentence and proviso of Article 81(1)2 of the Act on the Determination of Grounds for Claims, a right holder, such as the owner, superficies, a person having a right to lease, and a lessee of the previous land or building, shall be notified of the approval of the management and disposal plan.

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