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(영문) 인천지방법원 2019.02.15 2018가단221682 (1)

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Facts of recognition;

A. On June 19, 2017, the Plaintiff was authorized by the head of Michuhol-gu Incheon Metropolitan City, and the head of Michuhol-gu Incheon Metropolitan City publicly announced the authorization of the management and disposal plan on the same day.

B. The Defendant did not apply for parcelling-out by December 31, 2016, the period for application for parcelling-out, as the owner of the real estate indicated in the attached list located within the above project area.

C. On November 28, 2018, the Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with the Defendant on compensation for losses, and received a ruling of expropriation on January 22, 2019 from L Committee on the commencement date of expropriation.

On December 28, 2018, the Plaintiff paid the Defendant the full amount of KRW 112,750,000 for compensation as stipulated in the above acceptance ruling.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 10, 16, 17 (including additional numbers)

2. When a management and disposal plan is authorized and publicly announced pursuant to Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure shall not use or profit from the previous land or structure until the date of public announcement of relocation under Article 86 of the Urban Improvement Act, and the project implementer

Therefore, the defendant whose use or profit as the owner has been suspended in accordance with the notice of approval of the management and disposal plan is obligated to deliver the real estate stated in the attached Table to the plaintiff

3. According to the conclusion, we decide to accept the Plaintiff’s claim and decide as per Disposition.