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(영문) 수원지방법원안양지원 2017.11.17 2017가단101506

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B is the ground floor and the second floor among the buildings listed in Appendix 1 List 1;

B. Defendant C shall be as shown in Appendix 1.

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established 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 size of 185,269 square meters in Ansan-si.

B. The Plaintiff obtained authorization to establish an association from the Ansan market on May 29, 2012, and obtained authorization to implement the project on June 2, 2015, and announced the authorization to implement the project on the same day.

After that, the Plaintiff was authorized on April 22, 2016 in accordance with the provisions of Articles 48 and 49(2) of the Act on the Maintenance and Improvement of Urban Areas and notified the management and disposal plan on the same day pursuant to Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas.

C. Defendant B and Defendant Company run the relevant part of each of the buildings listed in the separate sheet No. 1 in the area of the instant rearrangement project, and Defendant C leased and reside in the relevant part of the said building from F, a partner of the instant rearrangement project.

On July 20, 2017, the Plaintiff deposited KRW 49,875,00,00 as a deposit account with the Defendant Company under the jurisdiction of the Gyeonggi-do Local Land Expropriation Committee (hereinafter “Local Land Expropriation Committee”) on July 20, 2017. On July 20, 2017, the Plaintiff deposited KRW 52,790,000 with the Defendant Company as a deposit account in this Court No. 2078 on July 24, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. When the approval of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is publicly notified, the use and profit-making of the right holder, such as the owner, superficies, person having a right to lease on a deposit basis, and lessee of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). Barring any special circumstance, the Defendants shall deliver each building described in Article 49(1) to