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(영문) 서울북부지방법원 2017.08.10 2016가단147085
부동산인도
Text

1. The Plaintiff:

A. Defendant B is the head of Si/Gun/Gu, or the head of Si/Gun/Gu, among the first floor of the real estate listed in the [Attachment List No. 1].

Reasons

1. Facts of recognition;

A. On March 20, 2009, the Plaintiff is a housing redevelopment project association, the establishment of which was approved by the head of Seongbuk-gu Seoul Metropolitan Government on March 20, 2009, with the size of 87,783 square meters as a project implementation district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the establishment of which was approved on January 7,

B. Defendant B and C are partial owners of each of the real estate listed in the separate sheet No. 1, Defendant D is part of the real estate first floor listed in the separate sheet No. 2, Defendant E is an occupation user of some of the real estate first floor listed in the separate sheet No. 3, and each of the above real estate is located in the project implementation district.

C. On January 10, 2013, the head of Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant project implementation authorization”) announced the project implementation authorization for the Plaintiff on January 10, 2013 (hereinafter “instant project implementation authorization”); on January 17, 2013; on November 26, 2015, the project implementation authorization was publicly notified; on September 12, 2016, the management and disposition plan was authorized (hereinafter “instant management and disposition plan”); and on September 19, 2016, the head of Seongbuk-gu publicly notified the project implementation authorization.

On the other hand, on November 25, 2016, the local Land Tribunal of Seoul Metropolitan City intended to improve the plaintiff's rearrangement project.

On January 20, 2017, a ruling accepting each real estate as stated in the claim (hereinafter “instant ruling of acceptance”) was made, and a ruling was rendered on the business compensation, etc. against the Defendants on January 20, 2017. On March 7, 2017, the Plaintiff deposited each business compensation amount, which was determined on January 20, 2017 by designating the Defendants as each of the deposit parties.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, 4, 5-1, 2, 5, 6, 6, 7, 9, 10-1, 3, 19, 21, 22-1, 22-2, and the purport of the whole pleadings

2. Determination

(a) When the public notice of the management and disposal plan stipulated in Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given to the cause of the claim, the owner, superficies, leaseer, etc. of the previous land or building shall be the owner

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