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(영문) 수원지방법원안양지원 2017.11.01 2017가단103250

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B and C shall have the real property listed in paragraph 1 of the attached Table;

B. Defendant D shall be subject to paragraphs 2 and 2 of the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is, during Ansan-si, the Housing Redevelopment and Improvement Project Cooperatives (hereinafter “Urban Improvement Project Association”) with approval for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project on the land of 185,269 square meters of the Gu E-won 185,269.3 square meters.

B. On June 2, 2015, the Plaintiff obtained authorization for the implementation of a housing redevelopment project (hereinafter “instant redevelopment project”) from the Ansan market, and announced the same date. On April 22, 2016, the Plaintiff publicly announced the management and disposal plan on the same day after receiving the authorization for the management and disposal plan.

C. Defendant B and C own 1/2 of the aggregate buildings listed in attached Table 1 in the redevelopment project district of this case, and Defendant D also owns each shop listed in attached Table 2 and 3 in the said project district, and operates food retail and laundry service.

The Defendants did not apply for parcelling-out to the Plaintiff within the period of application for parcelling-out.

E. On January 2017, the Plaintiff filed an application for adjudication of expropriation to compensate for losses with the Gyeonggi-do Regional Land Expropriation Committee, and the Gyeonggi-do Local Land Expropriation Committee rendered a ruling of expropriation on July 27, 2017 on June 12, 2017.

F. On July 19, 2017, prior to the date of commencement of expropriation, the Plaintiff deposited KRW 53,483,340, respectively as compensation for expropriation for Defendant B and C, and KRW 357,349,00 in total as compensation for business operation and compensation for expropriation for Defendant D, respectively.

G. The Defendants possess each real estate listed in the separate sheet up to now.

[Ground of recognition] Facts without dispute, Gap 1 to 7, and 11 to 14 (including paper numbers), the purport of the whole pleadings

2. When the approval of the management and disposal plan prescribed in Article 49(3) of the Act on the Determination of Grounds for Claims is publicly notified, the former land or structures shall be made pursuant to paragraph (6) of the same Article.