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(영문) 수원지방법원 2019.02.15 2018가단515292

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B and Defendant C are buildings in accordance with the attached list No. 1 of real estate;

B. Defendant D shall provide attached real estate.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization to establish an association from the Suwon-si mayor on January 6, 2010 for the purpose of housing redevelopment and rearrangement project whose project implementation district covers 171,652 square meters in Suwon-si H, Suwon-si.

B. On December 11, 2015, the Plaintiff received the authorization for project implementation and the public notice thereof from the Suwon Market, and the authorization for the management and disposal plan and the public notice thereof on March 27, 2017.

C. Defendants B and C own the buildings listed in paragraph (1) of the attached list of real estate, the buildings listed in paragraph (2) of the same list, and the buildings listed in paragraph (3) of the same list, respectively, and each of the above buildings is located in the Plaintiff’s project implementation district.

On the other hand, Defendant B, C, D, and E did not apply for a sale to the Plaintiff and became a person subject to cash settlement.

In addition, the defendant F and G occupy the building in the attached Form No. 3 of the real estate list owned by the defendant E.

E. As the Plaintiff did not reach an agreement with the building owners within the project implementation district, the Plaintiff filed an application for adjudication of expropriation. On October 1, 2018, the I Committee set the commencement date of expropriation of the building on November 15, 2018, as compensation for losses, and set forth 5,905,660 won (=land = 48,140,210 building (design) 7,765,450 won) to Defendant B as compensation for losses, and set forth 27,952,820 won [24,070,720 won] to Defendant C [3,882,720 won of land = land + 217,836,00 won to Defendant D [190,000 won of land = 27,756,750,767,757,705] 27,705,757,750

F. Accordingly, on November 7, 2018, the Plaintiff deposited Defendant B as the principal deposit, as the Suwon District Court No. 201831, Defendant C as the principal deposit in 2018, and as the principal deposit in Suwon District Court No. 11832, Defendant D as the principal deposit in 2018, the Suwon District Court No. 12039, the principal deposit in 2018, and Defendant E as the principal deposit in Suwon District Court No. 12041, the principal deposit in 2018.

(g)in addition;