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(영문) 인천지방법원 2018.10.04 2017가단258472

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B’s real estate stated in attached Form 1,

B. Defendant C shall provide the real estate stated in attached Form 2, C.

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 project with the area of 90,559.80 square meters in Nam-gu Incheon Metropolitan City.

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 located in the business area (attached Form 3) as stated in paragraph (1) of the order (the Defendant D and E share the real estate stated in attached Form 3 in each of the ratio of 1/2), and currently possess each real estate listed in [attached Form].

On November 16, 2015, the head of the Nam-gu Incheon Metropolitan City approving and publicly notifying the implementation of the project on the plaintiff's project on November 16, 2015, and the plaintiff announced the application for parcelling-out on November 26, 2015, and the period for applying for parcelling-out among the members is from November 30, 2015 to January 19, 2016.

[Based on the recognition] Defendant B, C, D, and E: there is no dispute over the Defendant F, as set forth in Article 208(3)2 of the Civil Procedure Act (in the absence of the Defendant, deemed a confession due to the absence of the Defendant), each of the descriptions as set forth in Articles 1, 2, 3, 4, 5, and 6, and the purport of the entire pleadings

2. 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 a management and disposal plan is publicly announced, the holder of a right, such as the owner of the previous land or building, superficies, leaseer, etc., shall not use or profit from the previous land or building until the date of public announcement of relocation under Article 54.” The fact that the Mayor of Incheon Metropolitan City has publicly announced the authorization of a management and disposal plan concerning the instant rearrangement project on January 23, 2017 is as seen earlier.

Therefore, the Defendants, the owners of each real estate in the project zone of the instant improvement project, are the owners of the instant improvement project.