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(영문) 수원지방법원 안양지원 2021.03.19 2020가합101411

부동산인도 등

Text

1. The Plaintiff:

A. Defendant B: each real estate listed in the separate list of real estate;

B. Defendant C shall list the attached real estate.

Reasons

1. Basic facts

A. During Ansan-si, the Plaintiff was authorized to establish an association on October 30, 2014 as a housing redevelopment and improvement project partnership implementing a housing redevelopment and improvement project (hereinafter “maintenance project in this case”) with the housing redevelopment and improvement project that implemented the housing redevelopment and improvement project that implemented the housing redevelopment and improvement project that implemented the housing redevelopment and improvement project (hereinafter “the instant rearrangement project”), and was publicly notified of the approval of the implementation plan on March 26, 2019 and the approval of the management and disposal plan on March 4, 2020, respectively.

B. Defendant B, as the owner of each real estate listed in the separate list of real estate located within the execution zone of the instant improvement project, maintains the status of the Plaintiff’s union members by applying for parcelling-out within the application period for parcelling-out, Defendant C occupies the unit of G of the first floor, Defendant D’s H of the same floor, and Defendant E’s unit of the same floor from Defendant B by leasing the unit of the same floor from Defendant B.

(c)

The Plaintiff filed an application for adjudication on expropriation with the Gyeonggi-do Local Land Expropriation Committee on October 12, 2020, when the agreement on compensation for losses to Defendant C, E, etc. was reached, and the said Committee made a ruling on expropriation on November 26, 2020.

(d)

On November 19, 2020, the Plaintiff deposited KRW 22,050,000 for the loss compensation under 2542 gold No. 202,00 with Defendant C as a person entrusted with the air, and KRW 17,250,000 for the damage compensation under 2543 for the Defendant E as a person entrusted with the air. < Amended by Presidential Decree No. 25430, Nov. 19, 2020>

[Ground of recognition] Defendant B and D: The entire purport of the theory of presumption of confession (Article 150(3) and (1) of the Civil Procedure Act) as a confession (Article 150(3), 150(1) of the Civil Procedure Act) as to the facts without dispute, Gap evidence Nos. 1 through 6, 9, and 10 of the evidence (including various numbers) as to the facts and changes

2. Determination

A. When a notice of a management and disposal plan is given pursuant to Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions (hereinafter “Urban Areas and Dwelling Conditions Act”), the owner, lessee, etc. of the previous land or buildings pursuant to Article 81(1) of the same Act.