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(영문) 수원지방법원 안양지원 2018.08.17 2017가합102988

부동산인도 등

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

Facts of recognition

The Plaintiff is the Housing Redevelopment and Improvement Project Association which completed the registration of incorporation on July 26, 201 with the authorization of the establishment from the Gyeyang-si Market on July 25, 201 to implement a A-Housing Redevelopment and Improvement Project (hereinafter “instant Project”) with the Dongyang-gu Seoul District as a project implementation district during Ansan-si.

The defendant is the owner of each real estate listed in the separate sheet located in the project area of this case (hereinafter referred to as "each real estate of this case"), who is subject to cash settlement for the project of this case, and is currently possessing each real estate of this case.

After obtaining authorization for the implementation of the project on September 22, 2015 from the Ansan market, the Plaintiff received the authorization for the implementation of the project on November 24, 2016, and the authorization for the implementation of the project was publicly notified on the same day.

On July 31, 2017, the Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal. On July 31, 2017, the said Committee decided that the compensation for each of the instant real estate, etc. was KRW 367,79,230, and the date of commencement of expropriation was September 14, 2017.

On September 5, 2017, the Plaintiff deposited the full amount of the compensation with the Defendant as the principal depositee.

(No. 1 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; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) states that there is no dispute over the issue of “No. 1”, “No. 1” evidence No. 7, 8, “A” evidence No. 2-3, 4, 6, 7, 9, and 10, “A” evidence No. 11-1 and No. 11-2, “A”, and “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; hereinafter “former Act”)

The above-mentioned facts of recognition are stipulated in the above law.