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(영문) 인천지방법원 2017.08.30 2016가단243176

건물명도

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1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and maintenance project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the business area of Bupyeong-gu Incheon Bupyeong-gu H as its business area.

B. The Defendants are the owners or tenants of each real estate listed in the attached Table.

C. The Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City to establish an association on December 16, 2009; the authorization to implement the project on August 22, 201; and the authorization to implement the management and disposal plan on February 29, 2016; and was publicly notified on the same date as the authorization to implement the management and disposal plan.

As the Plaintiff did not reach an agreement on the acquisition of the Defendants and real estate, the Plaintiff applied for adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee, and the said Regional Land Expropriation Committee decided on October 25, 2016 on December 14, 2016 on the commencement date of expropriation.

On December 6, 2016, the Plaintiff deposited the full amount of compensation prescribed in the above expropriation ruling against the owners of real estate listed in the attached Table (Defendant B, E, G), and Defendant F subject to business loss compensation.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 9 and 10 (including paper numbers), and the purport of the whole pleadings.

2. According to the above facts of determination as to the cause of the claim, the Defendants, as owners or occupants of each real estate listed in the attached Table, are obligated to deliver each real estate listed in the attached Table to the Plaintiff, who is the project implementer, who completed the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects under Article 49(6) of the Urban Improvement Act by depositing

3. Judgment on the defendants' assertion

A. As the compensation determined by the expropriation ruling by the local Land Tribunal of Incheon Metropolitan City is a smaller amount than the actual situation of use, the purchase price of neighboring real estate, and the market price that did not fully take into account the key money for lease on a deposit basis, Defendant B is proceeding with the procedure of raising an objection to the said compensation.