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(영문) 서울북부지방법원 2020.11.24 2020가단115351
건물인도
Text

The Plaintiff

(a) Defendant B and D real estate No. 1 listed in the separate sheet;

B. Defendant C shall set forth in No. 2 and 2 in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is the head of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “the head of Dongdaemun-gu”) on December 3, 2008.

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) which designates Dongdaemun-gu Seoul E Group as a project implementation district.

(2) The head of Dongdaemun-gu publicly notified the Plaintiff on October 26, 2017, and approved and publicly notified the management and disposal plan on October 4, 2019.

3) Each of the real estates listed in the separate sheet located in the project implementation district (hereinafter referred to as “each of the instant real estates”) shall be referred to as “each of the instant real estates.”

Of these, Defendant B and D are co-inheritorss of net F (Death on May 22, 2019), the nominal owner of the real estate indicated in the same list, who inherited the said real estate. Defendant C is the owner of each real estate indicated in the same list, No. 2 and No. 3. The Defendant C did not apply for the parcelling-out within the period of application for parcelling-out as determined by the Plaintiff. Defendant C did not apply for the parcelling-out within the period of application for parcelling-out as determined by the Plaintiff) around June 5, 2020, pursuant to Article 40(2)1 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Land Compensation Act”) of the Local Land Expropriation Committee on April 24, 2020 (the date of commencement of expropriation on June 12, 2020).

[Reasons for Recognition] Defendant D, C: Each entry in Gap evidence Nos. 1 through 8 (including the number of branch offices), as a whole, defendant B: the purport of the whole pleadings

B. The main text of Article 81(1) of the Act on the Determination of Urban Improvement provides that “Any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, when the approval of the management and disposal plan under Article 78(4) is publicly notified.”

According to the above provisions, the above provisions are followed.

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