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(영문) 서울북부지방법원 2020.10.29 2019가합25404
부동산인도 등
Text

The Plaintiff

A. Defendant B: each real estate listed in the separate sheet;

B. Defendant C shall set out in attached list 1.

Reasons

Facts of recognition

The Plaintiff is a housing redevelopment and consolidation project association established on August 31, 201 after obtaining authorization for the establishment of a housing redevelopment and improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”) in an area of 44,725 square meters in Jung-gu Seoul Central District.

Attached Form

Each real estate recorded in the list is located within the implementation zone of the project of this case.

Defendant B occupies as the owner of each real estate listed in the attached list, and Defendant C occupies as the lessee of the second floor among the real estate listed in paragraph (1) of the attached list and the real estate listed in paragraph (2) of the same list.

On March 12, 2018, the head of Jung-gu Seoul Metropolitan Government approved the management and disposal plan concerning the project in this case, and publicly notified on March 15, 2018.

Defendant B failed to apply for parcelling-out within the period of application for parcelling-out (from July 24, 2018 to August 24, 2018) determined by the Plaintiff in relation to the instant project, and became an object of cash settlement on August 25, 2018 after the expiration date of the period of application for parcelling-out.

The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal in Seoul Special Metropolitan City, which did not reach an agreement on compensation for each real estate listed in the attached list with Defendant B.

On April 26, 2019, the Land Tribunal determined the commencement date of expropriation as June 14, 2019 and rendered a ruling of expropriation on each real estate listed in the separate sheet.

Accordingly, the Plaintiff deposited 479,480,020 won as compensation for losses under the above expropriation ruling with the deposited person as Defendant B.

[Ground for recognition] Defendant B: According to the facts without dispute, Gap evidence 1, 12, 3 through 7, 10, 11-5, 13-1, and 2 of the evidence Nos. 11, 13-2 of the evidence Nos. 11, 13-1 and 2 of the evidence Nos. 11, and the facts of the above recognition as to the claim against Defendant B of the whole purport of the pleading, the head of Jung-gu Seoul Metropolitan Government announced the management and disposal plan for the project of this case pursuant to the main sentence of Article 81(1) of the Act

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