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(영문) 서울북부지방법원 2020.02.12 2019가단122995
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is the building listed in the attached Table 1 list;

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

Reasons

1. Facts of recognition;

A. On December 3, 2008, the Plaintiff is the Housing Redevelopment Improvement Project Association with the approval of establishment under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents with the size of 158,817 square meters from the head of Dongdaemun-gu Seoul Metropolitan Government as the project implementation district.

B. The Defendants are the persons subject to cash liquidation who owned each real estate in the attached Form located within the said project implementation district (hereinafter “each of the instant real estate”), and currently possess each of the instant real estate.

C. The head of Dongdaemun-gu approved and publicly notified the project implementation plan on October 1, 2015 with respect to the Plaintiff, and approved and publicly notified the management and disposal plan on May 10, 2018.

(hereinafter “instant management and disposition plan”). D.

In August 2019, the Plaintiff deposited the amount of compensation for adjudication with the Defendants as each depositee according to the adjudication of expropriation by the local Land Tribunal of Seoul Special Metropolitan City. On November 18, 2019, the Plaintiff deposited the amount of compensation for relocation expenses, resettlement funds, and movable property transfer expenses, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a public notice of the management and disposal plan set forth in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, any right holder, such as the owner of the previous land or structure, shall not use or benefit from

The fact that the instant management and disposition plan was authorized and publicly announced on May 10, 2018 is as seen earlier, and thus, it is deemed that the Plaintiff acquired the right to use and benefit from each of the instant real estate located within the project implementation district. Therefore, the Defendants are obligated to deliver each of the instant real estate possessed by them to the Plaintiff.

As to this, Defendant B cannot comply with the Plaintiff’s request for extradition due to the shortage of compensation for adjudication.

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