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(영문) 서울동부지방법원 2017.04.06 2016가단128637
건물명도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the attached Table No. 1;

B. The defendant C is listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. On February 6, 2009, the Plaintiff obtained authorization for establishment from the head of Songpa-gu Office for the purpose of implementing the Songpa-gu Seoul E and F Housing Redevelopment Improvement Project (hereinafter “instant rearrangement project”), and then is the Housing Redevelopment and Improvement Project Association which completed the registration of establishment on the 10th of the same month.

On August 12, 2013, the Plaintiff received authorization to implement the instant improvement project, and the Songpa-gu publicly notified G on August 16, 2013.

After that, on April 27, 2015, the Plaintiff received a management and disposal plan for the instant rearrangement project, and the Songpa-gu notified the management and disposal plan for H on the 30th of the same month.

B. Defendant B possessed the above real estate as the owner of the real estate listed in the annexed sheet No. 1 in the instant rearrangement project zone, and the remaining Defendants, as the owner of each real estate listed in the annexed sheet No. 2 and 4 within the instant rearrangement project zone, who did not apply for parcelling-out within the period for application for parcelling-out as determined by the Plaintiff in relation to the instant rearrangement project, possess the real estate listed in the annexed sheet No. 2 and

C. In accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”), the Plaintiff tried to consult with I, Defendant C, and D on compensation for losses, but applied for adjudication of expropriation to the Seoul Special Metropolitan City Regional Land Expropriation Committee. On September 30, 2016, the Seoul Special Metropolitan City Local Land Expropriation Committee: (a) accepted each parcel of land in the attached Table 1, 2, and 4 as of November 18, 2016 for the instant improvement project; and (b) transferred the same to the Plaintiff; and (c) rendered a ruling ordering the payment of compensation for losses for each parcel of land in the attached Table 1, 2, and 4.

On November 15, 2016, according to the above acceptance ruling, the Plaintiff deposited each of the above adjudication amounts with I, Defendant C, and D as the principal deposit.

[Grounds for recognition] Unsatisfy, A No. 1.

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