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(영문) 서울북부지방법원 2018.04.27 2017가단132202
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B and C shall: (a) the real estate listed in attached Table 1 list; (b)

Defendant D and E shall be the real estate listed in the attached Table 3, and C.

Reasons

1. Facts of recognition;

A. On February 26, 2009, the Plaintiff is a Housing Redevelopment Improvement Project Association which has obtained approval to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents by the head of Seongbuk-gu Seoul Metropolitan Government Office with the size of 153,501 square meters as the project implementation district

B. Defendant B is the owner and user of the real estate listed in the attached list No. 1, Defendant D is the owner and user of the real estate listed in the attached list No. 3, and Defendant F is the owner and user of the real estate listed in the attached list No. 5, Defendant C is the owner and the user of the real estate listed in the attached list No. 1, and each of the above real estate

C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on June 20, 2013; publicly notified the authorization to implement the project on January 22, 2015; and publicly notified the authorization of the management and disposal plan on February 24, 2017 (hereinafter “the instant management and disposal plan”); and publicly notified on March 2, 2017.

On the other hand, on August 25, 2017, the Seoul Special Metropolitan City Local Land Tribunal rendered an adjudication to expropriate each of the above real estate, etc. (hereinafter “instant adjudication on expropriation”) on October 20, 2017 for the Plaintiff’s improvement project.

E. Accordingly, during the period from October 18, 2017 to October 20, 2017, the Plaintiff deposited the full amount of each of the respective compensation for losses and late payment charges as stipulated in the instant adjudication on expropriation with Defendant B, D, and F, the owner of each of the said real estate as the principal deposit.

[Ground of recognition] Defendant B and D: The absence of any dispute, each entry in Gap evidence 1 through 7 (including branch numbers in the case of additional number), the purport of the entire pleadings, Defendant C and E: Defendant F (Article 208(3)2 of the Civil Procedure Act). Service by publication (Article 208(3)3 of the Civil Procedure Act)

2. When the approval of the management and disposal plan prescribed in Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017) is publicly notified as to the cause of the claim, the former land or buildings shall be subject to paragraph (6) of

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