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(영문) 인천지방법원 2019.05.14 2018가단253863

건물명도(인도)

Text

1. The Plaintiff:

(a) the Selection C shall deliver the real estate listed in the Appendix 1 List;

B. Defendant (Appointed Party B) B

Reasons

1. Basic facts

A. On March 14, 2012, the Plaintiff was authorized to establish an association on March 14, 2012 for the purpose of housing redevelopment improvement project for the Bupyeong-gu Incheon Bupyeong-gu E Group 76157 square meters (hereinafter “instant project area”); on November 22, 2016, the Plaintiff received an approval for the management and disposal plan for housing redevelopment project from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, which was publicly announced by the same management and disposal plan.

B. The F, the owner of each real estate listed in the separate sheet in the project zone of this case (hereinafter “each real estate of this case”) is a person subject to cash settlement who has not filed an application for parcelling-out during the period of application for parcelling-out.

(c) Selected C is a person leased from F the real estate listed in the Appendix 1 List, the Defendant (Appointed Party) is a lessee of the real estate listed in the Appendix 2 List from F, and the Appointed is a lessee of the real estate listed in the Appendix 3 List from F.

(hereinafter referred to as "the defendant, etc.") when full names the defendant (appointed party) and the designated parties are referred to. D.

On November 16, 2018, the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of expropriation on December 26, 2018 with respect to each of the instant real estate (the date of adjudication of expropriation of the building portion and the date of adjudication of expropriation corresponding to the land portion which is the site shall be July 11, 2018).

E. On December 26, 2018, the Plaintiff deposited the full amount of compensation for losses under the ruling by the Incheon District Court No. 2014673, which was the owner of each of the instant real property as the principal deposit.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 8 (including evidence with a serial number), the purport of the whole pleadings]

2. Determination as to the cause of action

A. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and publicly announced, a right holder, etc. of the previous land or structure shall not use or profit from the previous land or structure by the date of public announcement of transfer under Article 86 of the same Act