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(영문) 서울북부지방법원 2017.04.18 2016가단135549
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. Facts of recognition;

A. On April 27, 2010, the Plaintiff is a housing redevelopment and rearrangement project association with the size of 107,165 m2 in Seongbuk-gu, Seoul as the project implementation district and with the approval of the establishment of the association from the head of Seongbuk-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The Defendants are the owners of each building listed in the separate sheet in the said project implementation district (hereinafter “instant building 1 through 7”). Defendant B is the instant building; Defendant C is the instant building; Defendant C is the instant 3 building; Defendant C is the instant 4 building; Defendant C is the instant 5 building; Defendant C is the instant 6 building; Defendant G is the instant building; and Defendant H owns owned or occupied the instant 7 building, respectively.

B. On November 26, 2013, the head of Seongbuk-gu publicly announced the Plaintiff on December 3, 2013 after authorizing the implementation of the project. On March 18, 2016, the head of Seongbuk-gu publicly announced the management and disposal plan on March 24, 2016.

C. On October 28, 2016, the Seoul Special Metropolitan City Regional Land Tribunal: (a) expropriated the instant building 1 through 7 buildings for the said rearrangement project; and (b) rendered a ruling on December 16, 2016 on the commencement date of expropriation.

Therefore, the Plaintiff deposited the Defendants as the deposited parties before the commencement date of expropriation, and deposited the compensation set forth in the above adjudication, and on March 2, 2017, Defendant B, E, G, and H as the deposited parties, and deposited the relocation expenses and resettlement funds, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, since the plaintiff acquired the ownership of the building 1 to 7 of this case by depositing the compensation for expropriation, the defendants are obligated to hand over the building 1 to 7 of this case owned or occupied by themselves to the plaintiff.

3. The plaintiff's claim of this case against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.

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