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(영문) 수원지방법원안양지원 2017.10.27 2017가단102097

건물명도(인도)

Text

1. The Plaintiff, the Defendant B, and the Defendant C, as stated in the Appendix 1 List No. 1 List No. 2, respectively.

Reasons

1. Facts of recognition;

A. During Ansan-si, the Plaintiff is an association that has obtained authorization 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 implementing a housing redevelopment project on the land size of 185,269 square meters for the Gu E Il-si, Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 22, 2015, and was notified of the management and disposal plan on the same day.

B. Defendant B is the owner of each building listed in paragraph (1) of the attached list in the redevelopment zone of this case (hereinafter “instant Paragraph (1)”) and Defendant C is the owner of each building listed in Paragraph (2) of the same Table located in the redevelopment zone of this case (hereinafter “instant Paragraph (2), and in the case of a common name of each of the instant paragraphs 1 and 2, “each of the instant buildings”. Defendant D leases and occupies one of the instant Paragraph (2) of this case from Defendant C.

C. On June 12, 2017, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation of the instant building, etc., and the Plaintiff paid full amount of KRW 353,41,607,430 (31,597,030, the land compensation of KRW 320,010,40) to Defendant B as a deposit on July 17, 2017 upon the said ruling of expropriation (i.e., the land compensation of KRW 31,597,030), and (ii) on July 24, 2017, Defendant C as a deposit (i.e., the land compensation of KRW 293,814,100, the building compensation of KRW 59,627,300, the building compensation of KRW 59,627,300) to Defendant D as the victim on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) Determination on the request for extradition is based on Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents (A) The former land or structure when a management and disposal plan for a redevelopment project is authorized and publicly notified.