인천지방법원 2020.09.15 2019가단262741



The Plaintiff

A. Defendant B: (a) the real estate listed in the separate sheet 1 to 2;

C. Defendant C is listed in the attached list 3.


1. According to the reasoning of Gap evidence Nos. 1 through 4 regarding claims against defendant B, D, E, and F and the purport of the whole pleadings, the plaintiff is the Housing Redevelopment Project Association which has obtained approval for establishment of a project by designating 80,720.2m2m2 (including real estate indicated in the attached list) in Bupyeong-gu Incheon Metropolitan City as the project implementation district. The plaintiff was subject to the approval of the management and disposal plan from the head of Bupyeong-gu Office on April 1, 2019, and the head of Bupyeong-gu in Incheon notified the approval of the management and disposal plan on the same day. The fact that the defendant B, D, E, and F occupied and used each real estate as the owner of each of the pertinent real estate, and that the plaintiff deposited the expropriation compensation according to the adjudication of expropriation by the Land Tribunal of Incheon Metropolitan City on May 8, 2020 to the defendants, the owner of June 19, 2020.

According to the above facts, the defendants have the duty to deliver each real estate possessed by the plaintiff to the plaintiff pursuant to Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents

2. Determination as to the claim against Defendant C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Article 208 (3) 1 of the Civil Procedure Act (Judgment without holding a pleadings due to a failure to submit a reply);

3. Accordingly, the Plaintiff’s respective claims against the Defendants are accepted, and it is so decided as per Disposition.