건물명도(인도)
1. The defendant shall deliver to the plaintiff the real estate indicated as "the indication of the real estate to be delivered" in the attached Table.
2. The costs of lawsuit shall be.
1. Facts of recognition;
A. The Plaintiff is an association that obtained authorization to establish an association from the Suwon City Mayor on August 25, 2009 to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) with the area of 126,278 square meters in Suwon-si, Suwon-si.
B. On June 8, 2018, the Plaintiff obtained approval of the management and disposal plan of the instant rearrangement project from the Suwon Market, and the Suwon Market announced the management and disposal plan of the said project on the same day.
C. The Defendant occupies the real estate indicated in the “Real Estate Indication” in the attached Table located within the instant rearrangement project zone as the owner of the real estate (hereinafter “instant real estate”).
The Plaintiff agreed with the owner to acquire land, buildings, etc. located within the instant rearrangement project zone, but applied for a ruling of expropriation as it did not reach an agreement due to reasons such as low compensation, etc. The Gyeonggi-do Regional Land Tribunal, pursuant to Article 34 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), decided on September 23, 2019 to the effect that “the commencement date of expropriation (transfer) was set as the date of November 7, 2019, and subject to the payment of compensation for losses, and transfer of goods, etc. within the instant rearrangement project zone” (hereinafter “instant ruling of expropriation”). The instant ruling of expropriation determined compensation for losses for the real estate, etc. owned by the Defendant, including the instant real estate, as the total amount of KRW 435,848,650.
E. Accordingly, on November 6, 2019, the Plaintiff deposited KRW 435,848,650 of the above compensation for losses against the Defendant, which was determined by the instant expropriation ruling, with the Defendant as the principal deposit upon the instant acceptance ruling (U.S. District Court No. 11061, 2019).
【Reasons for Recognition】 The entries of evidence Nos. 1 through 10, and the purport of the whole pleadings
2. Determination. A.
Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act").