부동산인도 등
1. The Plaintiff:
A. Defendant B’s real estate stated in the annexed sheet,
B. Defendant C shall each have three floors among the real estate listed in the separate sheet.
1. Facts of recognition;
A. The Plaintiff is the Housing Redevelopment Improvement Project Association, which completed the registration of incorporation on July 26, 201 with the authorization of the establishment from the Gyeyang-si mayor on July 25, 201, to implement a A-Housing Redevelopment Project (hereinafter “instant Project”) with a project implementation district of Ansan-si D as the project implementation district.
B. Defendant B owned the real estate indicated in the separate sheet located in the instant project zone, and Defendant C is the third floor tenant of the real estate indicated in the separate sheet, and the Defendants currently occupy the relevant real estate.
C. On September 22, 2015, the Plaintiff received authorization to implement the project on September 22, 2015 from the Ansan market, and then received the authorization to implement the project on November 24, 2016, and the said authorization to implement the project was publicly notified on the same date.
On July 31, 2017, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal of Gyeonggi-do. On July 31, 2017, the said Committee decided on expropriation on September 14, 2017, the total amount of compensation for the real estate and obstacles owned by Defendant B, including real estate listed in the attached Form, and the date of commencement of expropriation.
On September 8, 2017, the Plaintiff deposited the full amount of the compensation with Defendant B as the principal depositee.
(No. 2549. [Grounds for Recognition] of this Court in 2017; Gap's 1,3,4,7; Gap's 9; Gap's 10-2; and Gap's 11-4; the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan under the aforesaid Act is authorized and publicly announced, and compensation for losses arising from the expropriation of land, etc. is completed, profit-making by a right holder, such as the owner, lessee, etc. of the previous land or buildings within the project implementation district, shall be suspended
B. In light of the above legal provisions, the above facts of recognition are examined.