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(영문) 서울서부지방법원 2016.02.05 2015가단230054
건물명도
Text

1. The Plaintiff, the DefendantB shall submit the attached Form No. 1 to the Plaintiff, and the DefendantC shall submit the attached Form No. 2 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project area covers 63,231 square meters in Eunpyeong-gu Seoul Metropolitan Government. The Plaintiff received the authorization of the project implementation on September 26, 2013 from the head of Eunpyeong-gu Seoul Metropolitan Government, and the approval of the management and disposal plan on May 7, 2015, respectively. The head of Eunpyeong-gu publicly notified the details of the authorization of the management and disposal

The defendants possess each building indicated in the order of the plaintiff's redevelopment project zone and have become a person eligible for cash liquidation because they failed to apply for parcelling-out within the period of application for parcelling-out.

B. At the request of the Plaintiff, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on July 24, 2015, on September 11, 2015, on which the commencement date of expropriation was decided on July 24, 2015.

On September 8, 2015, the Plaintiff deposited KRW 217,95,80 to Defendant B, KRW 189,735,730 to Defendant C, and KRW 183,269,330 to Defendant D, respectively.

C. On October 20, 2015, the Plaintiff paid KRW 18,681,770 to Defendant D with settlement money, housing relocation expenses, and movable property transfer expenses, and deposited KRW 18,320,073, respectively, to Defendant B and C on December 9, 2015.

Grounds for Recognition: The entries in Gap, Gap 2-1, Eul 2, Gap 3, Gap 5-1, 3, 4, Gap 14, 15-1, and 2, and the purport of the whole pleadings.

2. When the approval of a management and disposal plan prescribed in Article 49 (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is publicly announced, use or profit-making of the owners, etc. of the previous land or buildings shall be suspended pursuant to paragraph (6) of the same Article, and the project implementer

Therefore, the Defendants are obligated to deliver each owned building to the Plaintiff as the project implementer.

The defendants are expected to establish a new management and disposal plan after the plaintiff completely changed the existing project implementation plan according to the change of the urban renewal acceleration plan by the head of Eunpyeong-gu Seoul Metropolitan Government. In this case, the defendants are new.

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