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(영문) 인천지방법원부천지원 2017.05.19 2016가단118358

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet;

B. Defendant C is among the first floor of the building indicated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established on May 8, 2009 by obtaining authorization for the establishment for the A-Housing Redevelopment Improvement Project (hereinafter “instant redevelopment Project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the area of 40,431.40 square meters in Seocheon-gu, Seocheon-gu, Seocheon-si, Seocheon-si, and the Plaintiff is the owner of the building indicated in the attached list in the improvement zone of the instant redevelopment Project. The Defendant C is the owner of the building indicated in the attached list in the attached list in the attached Table No. 1, 2, 3, 4, and 1 among the 1st floor of the building listed in the attached Table. The Plaintiff leased and occupied the portion (A) that connects each point of 32.965 square meters in sequence among the

B. On February 26, 2010, the Plaintiff: (a) obtained authorization to implement the instant redevelopment project from the Bupyeong-si mayor; (b) obtained authorization to alter the implementation of the relevant redevelopment project on July 25, 2013; and (c) obtained authorization to implement the relevant management and disposal plan on May 9, 2016; and (d) publicly announced the authorization to implement the relevant redevelopment project on May 16, 2016 in the official gazette.

C. On February 27, 2017, the Gyeonggi-do Regional Land Tribunal, upon the Plaintiff’s application for a ruling of expropriation, rendered a ruling of expropriation with the content that the Plaintiff expropriates the buildings listed in the separate sheet and pays the Defendants the compensation for losses (hereinafter “instant ruling of expropriation”).

On March 30, 2017, the Plaintiff deposited KRW 3,385,706,90 as Defendant B, and KRW 19,350,00 as Defendant C, with the deposited person as Defendant C, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, since the management and disposal plan of the redevelopment project of this case is authorized and publicly announced, the Defendants who are owners or lessee pursuant to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions cannot use or profit from the buildings listed in the attached list, the Plaintiff, Defendant B, and Defendant C, among the buildings listed in the attached list.