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(영문) 수원지방법원 2019.03.12 2018가단519973

건물명도(인도)

Text

1. The Plaintiff, Defendant B, and Defendant C, listed in the [Attachment 8] list, and the [Attachment 12] list.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established with the area of the project of the Suwon-si, Suwon-si, the area of which is 22,489 square meters or more.

B. On December 17, 2010, the Plaintiff approved the establishment of an association on December 17, 2010, approved the implementation of the project on June 29, 2016, approved the management and disposal plan on August 25, 2017, respectively, and announced the management and disposal plan approved by the Suwon City on the same day.

C. Defendant B is the owner of the real estate listed in the [Attachment 8] list, and Defendant C is the owner of the real estate listed in the [Attachment 12] list, and all the Defendants were eligible for cash settlement because they did not apply for the application to the Plaintiff.

The Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with the Defendants, who are subject to cash settlement, and the Gyeonggi-do Regional Land Tribunal set the commencement date of expropriation on October 1, 2018 on November 15, 2018 and rendered a ruling of expropriation on each of the above real estate owned by the Defendants.

(hereinafter “instant acceptance ruling”) e.

On November 9, 2018, the Plaintiff deposited KRW 214,250,00 for Defendant B, and KRW 215,950,00 for Defendant C, respectively, according to the instant ruling of acceptance.

[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Gap 5-3, 7-7, Gap 7-3 and 4 evidence, the purport of the whole pleadings

2. Article 49(3) 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”) provides that “When the head of a Si/Gun approves a management and disposal plan under paragraph (2), he/she shall publicly notify the details thereof in the official report of the relevant local government.” Article 49(6) provides that “When a public announcement is made under paragraph (3), a right holder, such as the owner, superficies, lease holder, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of public

(b).