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(영문) 서울북부지방법원 2018.12.20 2018가단130395
건물명도(인도)
Text

1. The Plaintiff:

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

B. Defendant C is among the real estate listed in the separate sheet.

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 the occupied user of the real estate listed in the separate sheet located in the said project implementation district (hereinafter “instant real estate”). Defendant B is the subject of cash liquidation who did not consent to the redevelopment improvement project of the Plaintiff, and Defendant C is the lessee and the occupied user of the part of the instant real estate among the above real estate.

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 February 15, 2017, the Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee. On May 26, 2017, the said Committee rendered a ruling of expropriation of the instant real estate, etc. on July 14, 2017, but the Plaintiff failed to pay or deposit compensation for losses to Defendant B by the said ruling of expropriation.

E. On October 25, 2017, the Plaintiff filed an application for adjudication of expropriation with the Seoul Special Metropolitan City Regional Land Expropriation Committee again, and the said Committee rendered a ruling to expropriate the instant real estate, etc. (hereinafter “instant adjudication of expropriation”) on July 27, 2018 with the date of commencement of expropriation as of September 14, 2018.

F. On September 6, 2018, the Plaintiff deposited the full amount of land compensation, obstacles compensation, and late payment charges stipulated in the instant expropriation ruling with Defendant B as the principal deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 3-1, 2, and 4-1, 5-1, 2, and 6-1, and the purport of the whole pleadings

2. Determination

A. The basis for determining the cause of the claim.

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