beta
(영문) 인천지방법원 2019.05.22 2018가단223930

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the annexed sheet No. 1;

B. Defendant C shall provide the real estate listed in the annex 2 list.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a project implementer of the “A district Housing Redevelopment Improvement Project” (hereinafter “instant project”) whose business area covers the area of 76,157 square meters in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The real estate

B. On November 22, 2016, the Plaintiff obtained authorization of the instant management and disposition plan from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu.

The above management and disposal plan was announced on November 22, 2016, which was the date of authorization.

C. Defendant B occupies as the owner of the real estate listed in the separate sheet No. 1, and Defendant C occupies the real estate listed in the separate sheet No. 2, which is part of the first floor of the real estate listed in the separate sheet No. 1, with E’s trade name.

Defendant B became a cash liquidation agent due to the failure to apply for parcelling-out to the Plaintiff, and there was no agreement between the Plaintiff and the Defendant B on the compensation for losses, and the Plaintiff applied for the adjudication of expropriation to the Land Tribunal of Incheon Metropolitan City.

On July 11, 2018, the above commission rendered a ruling of expropriation of the land on which the real estate listed in attached Form 1 was located (the date of commencement of expropriation was September 4, 2018), and made a ruling of expropriation of the real estate listed in attached Table 1 on November 16, 2018 (the date of commencement of expropriation was December 26, 2018).

E. On August 29, 2018, the Plaintiff deposited KRW 405,803,630 of compensation for losses for the land, which was determined by the ruling of expropriation on July 11, 2018, with Defendant B as the depositee. On December 18, 2018, the Plaintiff deposited KRW 227,262,50 of compensation for losses for the buildings, etc., as determined by the ruling of expropriation on November 16, 2018, respectively.

F. The Defendants respectively possess the real estate listed in the relevant list up to now.

[Reasons for Recognition] Each entry of Gap 1-12 evidence (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of the claim is made under the Urban Improvement Act.