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(영문) 의정부지방법원고양지원 2019.01.24 2017가단80451

건물명도(인도)

Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment project with the area of the project district of Goyang-gu Seoul Metropolitan City D 40,404 square meters, which is established to implement a housing redevelopment project; on July 18, 201, the authorization to establish a redevelopment association was granted on July 18, 201 from Goyang-gu; on October 25, 2016, the authorization to implement the project was granted on October 25, 201; and on August 29, 2017, the authorization was given in sequence and the public notice was given at the time of

B. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is located within the said project implementation district, and was owned by Nonparty E, F and G, who is a person subject to cash settlement.

C. On April 9, 2018, the Plaintiff received a ruling of expropriation from the owners of each real estate of this case and received the said ruling.

5.8. For each of the above owners, each deposit of compensation set out in the adjudication of expropriation was made.

The Defendants are residing in possession of each of the instant real estate.

[Reasons for Recognition] Defendant C: The fact that there is no dispute over the defendant B: Gap's entries, Gap's evidence Nos. 1 through 11, 17, 26 through 33, 35, and the purport of the whole pleadings

2. Determination

A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54 when there has been a public announcement (referring to the public announcement of approval of a management and disposal plan) under paragraph (3): Provided, That the same shall not apply to cases where a right holder, such as the owner, superficies, person having a right to lease on a deposit basis, or lessee, has not been completed with the consent of a project implementer or compensation for losses under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects. Therefore, when the management and disposal plan is authorized and the compensation for losses has been completed due to the expropriation of land, etc.,