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(영문) 의정부지방법원 2017.05.12 2016가단112266
건물명도
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant rearrangement project”) whose project implementation district consisting of 47,447 square meters in Dong Government-si, E, and completed the establishment registration on September 3, 2010 after obtaining authorization for the establishment of a government market on the same day.

B. On September 11, 2013, the Plaintiff received authorization for the implementation of the project on September 11, 2013, and received the authorization for the implementation plan on February 29, 2016, and notified the details of the authorization for the management and disposal plan on the same day.

C. Defendant BC owned each real estate (hereinafter “each of the instant real estate”) listed in the separate sheet No. 1 and each of the real estate listed in the separate sheet No. 2 on the land located within the instant rearrangement project zone (the shares of Defendant B, Defendant C’s shares 2/7, and Defendant C’s mother), while sharing the land listed in the separate sheet No. 1 and the buildings listed in the separate sheet No. 2 on the above land above (hereinafter “each of the instant real estate”). However, Defendant BC became subject to cash liquidation

Defendant D occupies each of the real estate of this case with Defendant BC as the part of the city of Defendant B and the part of the part of Defendant C.

The Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal in order not to hold a consultation on the compensation for losses on each of the instant real estate with Defendant BC. On February 27, 2017, the said Committee: (a) on April 13, 2017, the date of expropriation was 178,951,970 won for the instant improvement project; and (b) on March 27, 2017, the Plaintiff expropriated the land, etc. in the project zone for the instant improvement project; and (c) the amount of compensation for losses on Defendant B’s portion of KRW 3/7 out of the land listed in the attached Table No. 1 of the attached Table No. 1,50,428,570 (i) KRW 22,758,410 additional charges, KRW 5,764,90 for the delay of 3/7 shares among the buildings listed in the attached Table No. 2 of the attached Table No. 1, KRW 119,301,250,23274,27

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