건물명도(인도)
1. Of the buildings listed in the separate sheet to the Plaintiff:
가. 피고 B은 별지 도면1 표시 ㉠, ㉡, ㉢, ㉣, ㉤, ㉥, ㉦,...
1. Facts of recognition;
A. The Plaintiff is a cooperative established on May 31, 2010 by obtaining authorization for the establishment from the Seocheon-gu Seoul Metropolitan City Mayor for the purpose of the A Housing Redevelopment Improvement Project (hereinafter “instant redevelopment Project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 302,397 square meters per day as its business area in Seocheon-gu, Seocheon-gu, Seocheon-gu.
B. As to the instant redevelopment project, the Plaintiff received authorization to implement the relevant redevelopment project from the Bupyeong-si mayor on February 6, 2017, and the authorization for the management and disposal plan on May 4, 2018, respectively, and publicly notified the approval for the management and disposal plan on May 4, 2018.
C. Defendant B is in possession of each building described in paragraph (1) of the order No. 1 of the redevelopment project in the improvement zone of this case, and Defendant C is in possession of each building described in paragraph (b) of the order No. 1 of this case within the improvement zone of the redevelopment project of this case.
On March 5, 2018, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Gyeonggi-do on March 5, 2018 on the items for which no agreement on compensation for losses, including each building listed in paragraph (1) of this Article, and received the adjudication of expropriation on October 29, 2018 on the commencement date of expropriation on December 13, 2018.
E. On November 23, 2018, the Plaintiff deposited all compensation money under the Incheon District Court Decision No. 3742 and 3743, 2018, on the ground that the Defendants refused to receive the compensation.
[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6 through 8 (including each number), the purport of the whole pleadings
2. The management and disposal plan of the instant redevelopment project was authorized and publicly announced, and the Defendants’ compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor was completed, the Defendants became unable to use each of the buildings listed in the disposition under Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor or benefit therefrom.
Therefore, Defendant B is obligated to deliver each of the buildings listed in Section 1-A of the Disposition, and Defendant C is obligated to deliver each of the buildings listed in Section 1-B of the Disposition.
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