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(영문) 서울북부지방법원 2018.01.16 2017가단131377
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in Section 1 of [Attachment I];

B. Defendant C is listed in Appendix 1 List 2.

Reasons

1. Basic facts

A. On February 26, 2009, the Plaintiff is a housing redevelopment and consolidation project association that has obtained authorization to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 153,501 square meters as the project implementation district from the head of Seongbuk-gu Seoul Metropolitan Government.

B. The Defendants are the owners or occupants of each building described in paragraph (1) of this Article located within the project implementation district.

C. The head of Seongbuk-gu Seoul Metropolitan Government announced the project implementation authorization on June 20, 2013 to the Plaintiff, and announced the project implementation authorization on September 25, 2014 and January 22, 2015. On February 24, 2017, the head of Seongbuk-gu publicly announced the project implementation authorization on the management and disposition plan (hereinafter “instant management and disposition plan”), and publicly announced on March 2, 2017.

On August 25, 2017, the local Land Tribunal of Seoul Special Metropolitan City rendered a ruling of expropriation on October 20, 2017 with the date of commencement of expropriation as of October 20, 2017. On October 19, 2017, the Plaintiff deposited the compensation for losses and additional charges for delay as stipulated in the above ruling of expropriation on October 19, 2017, respectively.

E. On November 28, 2017, the Plaintiff deposited settlement money, housing relocation expenses, director expenses, etc. with Defendant B as the deposited person.

[Reasons for Recognition]

(a) Defendant B, F, and I: The fact that there is no dispute, each entry (including serial numbers) in Party A’s evidence Nos. 1 through 8, and the purport of the whole pleadings;

(b) Defendant C, D, E, or G: Judgment by deeming confessions (Article 208 (3) 2 of the Civil Procedure Act)

(c) Defendant H: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act)

2. When a public notice of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is given, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010).

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