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(영문) 수원지방법원 2019.02.13 2018가단515278

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B and C are the buildings listed in paragraph 1 of the attached list of real estate;

B. Defendant D shall list the attached real estate.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that has been established with the total area of F 171,652 square meters in Suwon-si, Suwon-si as a project implementation district.

B. On January 6, 2010, the Plaintiff: (a) authorized the establishment of an association on January 6, 2010; (b) authorized the project implementation plan on December 11, 2015; and (c) obtained the approval of the management and disposal plan on March 23, 2017; and (b) announced the management and disposal plan approved on March 27, 2017.

C. Defendant B and C are co-owners of buildings listed in paragraph (1) of the attached real estate list in the project implementation district, Defendant D is the owner of buildings listed in paragraph (2) of the same real estate list, and Defendant E is the owner of buildings listed in paragraph (3) of the same real estate list. Defendant B and C became subject to cash settlement because each Plaintiff Association did not apply for parcelling-out.

On April 30, 2018, the Plaintiff filed an application for adjudication of expropriation with the Defendants, who are subject to cash settlement, and the Gyeonggi-do Regional Land Tribunal made an adjudication on expropriation with the Defendants on April 30, 2018 pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”). As to the land and goods, including each of the above buildings, “the project implementer is omitted from stating the land, goods, and the amount of compensation, which are the details of the adjudication in the separate sheet, for the project. The land shall be expropriated, the goods, etc. recorded in the separate sheet shall be transferred, and the compensation amount shall be KRW 91,638,71,730 (the separate compensation details shall be the same as the entry in the separate sheet). The date of commencement of expropriation (transfer) shall be June 14, 2018.

E. According to the above ruling, Defendant B and C’s compensation for losses was set at KRW 281,38,320 [the total amount of KRW 115,773,320, including buildings listed in paragraph (1) of the attached Table No. 1 of the Real Estate List No. 165,615,000], and the total amount of compensation for Defendant D’s compensation for losses [the total amount of KRW 23,265,460, including buildings listed in Paragraph (2) of the attached Table No. 2 of the Real Estate List No. 184,800,000], and the total amount of compensation for Defendant E’s compensation for losses is set at KRW 232,654,150, and KRW 206,790,000,000.