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(영문) 수원지방법원 안양지원 2018.10.17 2017가단125465

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) real estate listed in No. 1 of [Attachment 2 Real Estate List No. 1]

B. Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project for the purpose of implementing a housing redevelopment project with the housing redevelopment project district of the Gu FF large scale 116,66.10 square meters in Ansan-si under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

B. On February 27, 2017, the Ansan City approved the management and disposal plan for the housing redevelopment improvement project, and publicly notified the details thereof.

C. From among each real estate list in the above project implementation district, the real estate listed in the No. 1, Defendant B, Defendant C, the real estate listed in the No. 3, Defendant D, and Defendant E, respectively, leased and occupied the real estate listed in the No. 17.

[Ground of Recognition] Defendant B: A without dispute, entry in Gap evidence 1 through 4, Gap evidence 5-1, the purport of the whole pleadings, defendant C, D, E: Confession (Article 150 of the Civil Procedure Act)

2. Determination:

A. According to Article 49(6) of the former Act, in cases where a management and disposal plan under the said Act is authorized and publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings within the project implementation district, shall be suspended, and the project implementer may use and profit

Therefore, the defendants are obligated to deliver each possession of real estate to the plaintiff who acquired the right to use and profit from each possession of real estate listed in the attached Table 2 list as the lessee in accordance with the notice of the above management and disposal plan.

B. Defendant B’s assertion asserts that Defendant B cannot respond to the Plaintiff’s claim prior to the completion of reasonable compensation for loss.

The Gyeonggi-do Local Land Tribunal shall take into account the overall purport of the statements and arguments by Gap evidence No. 6, Gap evidence No. 7-1, and the whole purport of the arguments.