beta
(영문) 의정부지방법원고양지원 2019.09.26 2018가단97302

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. In the case of Defendant C, the attached list No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established for the purpose of housing redevelopment improvement project by using the area of project district of 58,393 square meters in Gyeyang-gu, Seoyang-gu, Yangyang-gu as the project implementation district. The Plaintiff obtained authorization for the establishment of redevelopment association on April 12, 2012 from Yangyang-gu, the authorization for the implementation of the redevelopment association on September 8, 2015, the authorization for the implementation of the development project on March 2, 2018, and the public notice for authorization was given at the time of each authorization.

B. Buildings listed in paragraph (1) of the attached Table 1 located within the project implementation district is owned by Defendant B, who is a person subject to cash settlement, and buildings listed in paragraph (2) of the same Table are owned by Defendant C, who is a person subject to cash settlement.

C. On May 27, 2019, the Plaintiff received a ruling of expropriation against the Defendants on each of the above buildings and their sites. Defendant B received compensation for losses as prescribed by the Plaintiff and the ruling of expropriation and agreed to deliver the buildings listed in attached Table 1. Meanwhile, on July 9, 2019, the Plaintiff deposited compensation for losses as determined by the ruling of expropriation for Defendant C’s Type.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1, 2, 3, Gap evidence No. 5-5, 6, Gap evidence No. 8-2, and the purport of the whole pleadings

2. Judgment of deemed confession as to the claim against Defendant B (Article 208(3)2 of the Civil Procedure Act)

3. Determination as to the claim against Defendant C

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that "the owners, persons with superficies, persons having leaseholds, etc. of previous land or buildings may not use or profit from such land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78(4): Provided, That the same shall not apply where the project implementer obtains consent or the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed." Thus, the management and disposal plan is authorized and publicly announced.