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(영문) 수원지방법원 2019.02.14 2018가단515179

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) a building listed in the real estate list in Appendix 1;

B. Defendant C and D shall list the real estate in annexed Form 1.

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established with the land size of 171,652 square meters in Suwon-si, Suwon-si E, as a project implementation district.

B. On January 6, 2010, the Plaintiff approved the establishment of an association on January 6, 2010, the authorization of a project implementation plan on December 11, 2015, and the authorization of a management and disposal plan on March 23, 2017, and publicly notified the management and disposal plan approved on March 27, 2017.

C. Defendant B, as the owner of the building indicated in the attached Table 1 list in the project implementation district, did not apply for parcelling-out to the Plaintiff, and became subject to cash settlement.

Defendant C and D are the tenants who leased and used the part (a) of the attached Form 2, among the sub-storys of the buildings listed in the attached Table 1 real estate list in the project implementation district due to family relations, the area of the attached Form 2, 1, 2, 3, 4, 5, 5, 6, 7, and 31 square meters connected each point in order.

E. The Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with Defendant B, who is the person subject to cash settlement, and the Gyeonggi-do Local Land Tribunal rendered a ruling on April 30, 2018 to the effect that “the date of commencement of expropriation shall be determined on June 14, 2018, and shall be subject to the payment of KRW 601,624,850 for compensation,” pursuant to Article 34 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Public Works Act”). Accordingly, the Plaintiff deposited KRW 601,624,850 on June 7, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination as to the cause of action

A. 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; hereinafter “former Act”) provides that “the head of a Si/Gun shall, when he/she approves a management and disposal plan under paragraph (2), publish the contents thereof in the official bulletin of the relevant local government.” Article 49(3) of the same Act provides that “When a public announcement is made under paragraph (3), the former land