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(영문) 서울북부지방법원 2018.11.29 2018가단130302
건물명도(인도)
Text

1. The Plaintiff:

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

B. Defendant C is the first floor of the real estate indicated in the attached list.

Reasons

1. Facts of recognition;

A. On September 9, 2008, the Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization for the establishment of a project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 17,850 square meters from the head of Seongbuk-gu Seoul Metropolitan Government as the project implementation district.

B. Defendant B is the owner and possessor of the real estate listed in the separate sheet in the project implementation district (hereinafter “instant real estate”), and Defendant C, D, E, F, G, and H are the owners and users of the said real estate as indicated in the separate sheet in the said project implementation district, and Defendant C, D, F, G

(b)each of the parts described in paragraphs (g) through (g) is leased and occupied and used;

C. The head of Seongbuk-gu Seoul Metropolitan Government publicly announced the authorization to implement the project on March 20, 2014, and publicly announced the authorization to implement the project on October 13, 2015, and approved the management and disposal plan on March 31, 2016 (hereinafter “the instant management and disposal plan”), and publicly announced it on the same day.

On the other hand, on July 27, 2018, the Seoul Special Metropolitan City Local Land Tribunal rendered an adjudication to expropriate the instant real estate, etc. (hereinafter “instant adjudication on expropriation”) on September 14, 2018 for the Plaintiff’s improvement project, and the Plaintiff was from September 6, 2018 to September 2018.

7. The Defendant B and C deposited the full amount of each of the compensation for losses under the instant adjudication of acceptance as the principal deposit.

[Reasons for Recognition]

(a) Defendant B, C, E, and H: Facts without dispute, Gap evidence 1, 2, 3-1, 2, 4, 5-1, 2, and 6-1, 6-3, and the purport of the whole pleadings;

(b) Defendant D, F, or G: Confession (Article 208 (3) 2 of the Civil Procedure Act and the main sentence of Article 150 (3) of the Civil Procedure Act);

2. Determination

A. When a public notice of 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 (wholly amended by Act No. 14567, Feb. 8, 2017) is given to determine the cause of the claim, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. for the previous land or building, is suspended pursuant to paragraph

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