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(영문) 의정부지방법원 고양지원 2018.11.14 2017가단80192

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. The Plaintiff, on July 18, 201, was a housing redevelopment and rearrangement project association that obtained authorization for the establishment on July 18, 201 from the ancientyang-gu Seoul Metropolitan City as a project implementation district and announced the implementation of the housing redevelopment and rearrangement project around October 2016.

On August 29, 2017, the Defendant leased and occupied the real estate indicated in the attached list located in the project implementation district concerned from D, the owner of the land. The Goyang market approved and publicly announced the management and disposal plan of the Plaintiff.

On April 9, 2018, the Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Local Land Tribunal, which did not reach an agreement on D and compensation for losses, and the Gyeonggi-do Local Land Tribunal decided to expropriate the compensation for losses for D on April 9, 2018, as KRW 835,975,320, and the date of commencement of expropriation as of May 24, 2018.

Accordingly, on May 8, 2018, the Plaintiff deposited the aforementioned compensation for losses with the Jung-gu District Court Dayang Branch 3151 in 2018 by making D as depositee.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 31 evidence, purport of the whole pleadings

2. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017) provides that "when the approval of a management and disposal plan is publicly announced, no right holder, such as the owner, superficies, person having a right to the previous land or structure, may use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54: Provided, That this shall not apply to the case of a right holder whose consent is obtained from a project operator or whose compensation is not completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor." Thus, the public announcement of the approval of the management and disposal plan is publicly notified, and the compensation for losses from the expropriation