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(영문) 서울동부지방법원 2017.12.19 2016가단129036
건물명도
Text

1. The Plaintiff:

A. Defendant B all the buildings listed in Section 1 of the attached Table 1’s list;

B. Defendant C shall be as shown in Appendix 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that completed the registration of incorporation on February 10, 2009 in order to implement redevelopment improvement project (hereinafter “instant rearrangement project”) with the size of 98,453.70 square meters in Songpa-gu Seoul Special Metropolitan City H and Seoyangcheon-gu JJ as a project implementation district.

B. The Plaintiff received project implementation authorization on August 12, 2013, and the head of Songpa-gu Seoul Metropolitan Government approving and publicly notifying the management and disposal plan of the instant rearrangement project around August 2013.

C. Although the above management and disposition plan was revoked in accordance with the Seoul High Court Decision 2016Nu46856, the head of Songpa-gu Seoul Metropolitan Government approved and publicly notified the management and disposition plan for the instant improvement project around August 2017.

Defendant B’s order No. 1 located within the execution zone of the instant rearrangement project.

The owner of the real estate mentioned in paragraph (1) who occupies it, and the defendant C is ordered to do so.

The lessee of the real estate mentioned in the subsection of this paragraph occupies it, and the defendant D uses it as the owner of the real estate.

The lessee of the real estate mentioned in the subsection shall occupy it, and the defendant E shall be ordered to do so.

The owner of the real estate mentioned in paragraph (1) shall possess it, and the defendant F shall be ordered to do so as per Disposition 1-e.

The lessee of the real estate mentioned in paragraph (1) occupies it, and the defendant G occupies it as the lessee of the real estate mentioned in paragraph (1) of this Article.

E. Meanwhile, on the other hand, the Plaintiff filed an application for adjudication of expropriation with the Defendants, and on September 30, 2016, the date of the commencement of expropriation was decided by the local Land Tribunal on November 18, 2016 (hereinafter “instant adjudication of expropriation”). On October 28, 2016, the Plaintiff received the adjudication of expropriation on delayed additional charges from the Seoul Special Metropolitan City Land Tribunal on December 16, 2016 (hereinafter “adjudication of expropriation of delayed additional charges”), and the Defendant B was deposited as the deposited person on November 16, 2016.

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