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(영문) 서울북부지방법원 2019.08.21 2018가단108626
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 3;

B. The defendant C is the real estate listed in the attached Table 7 list.

Reasons

1. Facts of recognition;

A. The plaintiff is the project implementer of the "A Area Housing Redevelopment Improvement Project", and the defendants occupy each real estate listed in the separate sheet in the business area as shown below.

Real estate listed in the attached Form 3 List of Defendant C C, Defendant C, and each real estate listed in the attached Form 9 List of Defendant D, Defendant E, Co., Ltd. in the attached Form 11 and 12.

B. On September 29, 2017, the head of Dongdaemun-gu Seoul Metropolitan Government approved the management and disposal plan for the Plaintiff’s improvement project, and publicly notified on October 12, 2017.

C. Defendant B consulted with the Plaintiff on business compensation, and on August 27, 2018, the Plaintiff paid KRW 27,173,333 as business compensation upon the aforementioned consultation.

The Seoul Special Metropolitan City Local Land Tribunal set the business compensation for the defendant C, D, and E through the adjudication of expropriation, and the plaintiff deposited each compensation according to the adjudication in this court.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and 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 instant management and disposition plan is authorized on September 29, 2017 and publicly notified on October 12, 2017 are as seen earlier. Therefore, the Plaintiff is deemed to have used each of the instant real estate located in the relevant project district and acquired beneficial rights. Therefore, the Defendants are obliged to deliver each of the instant real estate possessed by the Defendants to the Plaintiff.

3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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