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(영문) 인천지방법원 2018.06.27 2017가단258113

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. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 90,438 square meters in Nam-gu Incheon Metropolitan City H G as its business area.

B. On January 23, 2017, the Plaintiff obtained the authorization of the management and disposal plan from the head of the Nam-gu Incheon Metropolitan City, and the head of the Nam-gu Incheon Metropolitan City publicly notified

C. The Defendants, a member of the Plaintiff, own each real estate listed in the separate sheet located within the pertinent business area as stated in Paragraph 1 of the Disposition (Defendant F and G share 1/2 of the real estate listed in the separate sheet No. 5) and currently possess each of the above real estate.

[Reasons for Recognition] Defendant C, D, E, F, and G: The fact that there is no dispute, each entry in Gap evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The assertion and judgment

A. The main text of Article 49(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; hereinafter “Urban Improvement Act”) provides that “When the authorization of the management and disposal plan is publicly announced, the owner, superficies, leaseer, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54.” The fact that the head of Nam-gu Incheon Metropolitan City publicly announced the authorization of the management and disposal plan of the instant rearrangement project on January 23, 2017 is as seen earlier, the Defendants, the owners of each real estate listed in the attached Form in the business area of the rearrangement project of this case, are obligated to deliver the Plaintiff who acquired the right to use or profit from each real estate, as the implementer of the rearrangement project of this case, barring special circumstances.

B. Defendant B’s application for resumption of pleadings after the conclusion of the instant pleadings.