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(영문) 수원지방법원 2020.03.18 2019가단551004

건물명도(인도)

Text

1. The defendant's real estate stated in Section B of "the real estate to be delivered to each defendant" in attached Table to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization for establishment for the purpose of the housing redevelopment and rearrangement project (hereinafter “instant project”) in Suwon-si, Suwon-si.

B. On June 8, 2018, the management and disposal plan and the notice were issued for the instant project.

C. The Defendant occupies the real estate indicated in Section B (hereinafter “instant real estate”) in the attached Table “Indication of the real estate to be delivered to each Defendant” located within the instant business zone as the owner.

After receiving the ruling of expropriation from the local Land Tribunal of Gyeonggi-do, the Plaintiff deposited full compensation for the Defendant under the above ruling of expropriation.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 6, and 8, the purport of the whole pleading

2. 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”) provides that “When the authorization of a management and disposal plan is publicly notified, the owner, superficies, person having a right to the previous land or building, leaser, etc. shall not use or benefit from the previous land or building until the date of public announcement of relocation under Article 86.”

According to the above facts, the use and profit-making of the real estate of this case is suspended according to the notification of the management and disposal plan for the project of this case, and since the plaintiff can use and profit-making from the real estate of this case as the project implementer, the defendant is obligated to deliver the real estate of this case to

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.