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(영문) 인천지방법원 2020.02.18 2019가단14089

건물인도

Text

1. The Plaintiff:

A. Defendant B is indicated as indicated in the attached Form 1 drawings among the real estate 1 floors listed in the attached Table 1 list 8, 4, 5, 6, 7, 8.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association whose business area covers FJ 75,338 square meters in Bupyeong-gu Incheon Metropolitan City.

B. On April 10, 2019, the head of Bupyeong-gu Incheon Metropolitan City authorizing the management and disposal plan for the above project implementation and announced it on the same day.

C. Defendant B is a lessee of the part (B) of the attached sheet No. 1 attached hereto, which connects each point of 8,4,5,6,7, and 8 among the real estate listed in the attached sheet No. 1 attached hereto, and Defendant C is a lessee of the part (B) of the attached sheet No. 2 attached hereto, which connects each point of 1,4,5,8,9,000 square meters among the real estate listed in the attached sheet No. 2 attached sheet No. 2 attached hereto, and Defendant E is a lessee of the real estate listed in the attached sheet No. 3.

On November 11, 2019, the Plaintiff deposited KRW 14,455,00 for Defendant B in accordance with the Incheon Metropolitan City Local Land Tribunal’s decision on expropriation, and deposited KRW 12,173,330 for Defendant C Stock Company.

【Defendant B, C: The non-contentious facts, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 3, 4, Gap evidence No. 5-1, 2, Gap evidence No. 6, Gap evidence No. 7, and 8-1, 2, Eul evidence No. 1, and 2, and the purport of the whole pleadings, defendant E: The whole purport of the arguments, and the purport of the whole arguments

2. Article 81 (1) (main sentence) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, leaseer, etc. shall not use or benefit from the previous land or building by the date the approval for the management and disposal plan is publicly notified under Article 78 (4), if the approval for the management and disposal plan is publicly notified under Article 86, and Article 74 (2) of the same Act provides that “the project implementer shall not use or benefit from the existing