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(영문) 인천지방법원 2019.04.18 2017가단258915

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Appendix 1 list;

B. Defendant C shall provide the real estate listed in the annex 2 list.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a project implementer of the “A district Housing Redevelopment Improvement Project” (hereinafter “instant project”) whose business area covers the area of 76,157 square meters in Bupyeong-gu Incheon Metropolitan City G G G, as its business area.

Attached Form

Each list of real estate is located within the project area of this case.

B. On November 22, 2016, the Plaintiff obtained authorization of the instant management and disposition plan from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu.

The above management and disposal plan was announced on November 22, 2016, which was the date of authorization.

C. Defendant B is the owner of the real estate listed in the separate sheet No. 1; Defendant C is the real estate listed in the separate sheet No. 2; Defendant D is the real estate listed in the separate sheet No. 3; Defendant E is the real estate listed in the separate sheet No. 4; Defendant F is the owner of the real estate listed in the separate sheet No. 5; and

In order to not reach an agreement on compensation between the plaintiff and the defendants, the plaintiff filed an application for adjudication of expropriation with the Regional Land Tribunal of Incheon Metropolitan City, and deposited all compensation for land and buildings in accordance with the adjudication of expropriation of the above committee.

The Defendants respectively occupy the relevant real estate listed in the relevant list until now.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 10 (including branch numbers, if any) and the purport of whole pleadings

2. The assertion and judgment

A. At the time of the instant announcement under the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), 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; and enforced from February 9, 2018) is applicable to the cause of the claim. However, according to Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017), the instant announcement is deemed made

The term "previous land or building" shall be construed as "previous land or building."