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(영문) 의정부지방법원 고양지원 2018.11.14 2017가단80499

건물명도(인도)

Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment project by using the area of the H 40,404m2 in Gyeyang-gu, Seoyang-gu, Yangyang-gu as the project implementation district. The Plaintiff was granted authorization for the establishment of the redevelopment association on July 18, 201 from the high-sea market, the authorization for the implementation of the redevelopment association on October 25, 201, the authorization for the implementation of the development project on October 25, 201, and the authorization for the management and disposal plan on August 29, 2017, and the authorization was publicly announced

B. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is located within the said project implementation district, and each real estate of this case is owned by I (attached Form 1) who is a person subject to cash clearing, J and K (attached Form 2, 3). The Defendants, as their family members or lessees, possess each of the pertinent real estate.

C. The following year for which the Plaintiff received a ruling of acceptance against I on April 9, 2018:

5. 10. 10. Deposit of compensation set forth in the expropriation ruling for I.

The following year upon receipt of a ruling of expropriation against J and K on July 23, 2018 by the Plaintiff

8.8 For that purpose, the compensation for losses set out in the expropriation ruling was deposited.

[Grounds for recognition] The descriptions of Gap 1 to 12, 16, 21 to 29, and the purport of the whole pleadings

2. Determination

A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (referring to the public notice on approval of a management and disposal plan) provides that "the owner, superficies, person having a right to the previous land or structure, the person having a right to lease, the lessee, etc. shall not use or benefit from the previous land or structure not later than the date of the public notice on relocation under Article 54: Provided, That the same shall not apply to the case of the right holder whose consent is obtained from the project operator or whose compensation is not completed under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor."