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(영문) 인천지방법원 2019.06.19 2018가단252761

건물명도(인도)

Text

1. The Plaintiff:

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

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. Facts of recognition;

A. On June 19, 2017, the Plaintiff obtained authorization for the establishment of a housing redevelopment project for the building redevelopment project for the building redevelopment project for the building redevelopment project for the Nam-gu Incheon Metropolitan City E zone (hereinafter “instant project zone”). On June 19, 2017, the Plaintiff obtained the approval plan for the management and disposal plan for the housing redevelopment project from the Mayor of Incheon Metropolitan City and publicly notified the same date.

B. Each owner of each real estate listed in the separate sheet in the instant project zone (hereinafter referred to as “each of the instant buildings”) is a person subject to cash settlement. Defendant B occupies and uses each of the following: Defendant B is the first building; Defendant C is the entire first floor of the second building; Defendant D is the third building; and Defendant D is the third building with the indication of the separate sheet No. 1, b, c, d, and 14.98 square meters of each of the instant buildings (hereinafter collectively referred to as “each of the instant buildings”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6 (including each number), the purport of the whole pleadings

2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner of a previous parcel of land or structure, shall not use or benefit from the previous parcel of land or structure until the date of public announcement of relocation under Article 86 of the same Act, and the project implementer may use or benefit from

As seen earlier, as long as the management and disposal plan was authorized and publicly announced, the Defendants who lost their right to use and benefit from real estate are obligated to deliver each of the instant buildings to the Plaintiff, the project implementer.

Although the Plaintiff sought delivery of the whole building of the second building against Defendant C, it is insufficient to recognize that Defendant C has occupied the remainder of the building in addition to the first floor of the second building. Therefore, the part seeking delivery exceeding the above part is sought.