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(영문) 의정부지방법원고양지원 2019.09.25 2018가단97319

건물명도(인도)

Text

1. The plaintiff, Ga.

Defendant B delivers a building listed in attached Table 1, and B

Defendant C is subject to Paragraph 2. of the attached Table.

Reasons

1. The Plaintiff, on April 12, 2012, is the Housing Redevelopment and Improvement Project Association, which obtained the authorization of establishment on April 12, 2012 from the Goyang-gu, Yangyang-gu as the project implementation district and announced the implementation of the Housing Redevelopment and Improvement Project around September 8, 2015.

Attached Form

Each building listed in the list is located within the project implementation district, and Defendant B is the owner of the building and its site listed in attached Table No. 1, and Defendant C is the owner of the building listed in attached Table No. 2, Defendant D (Defendant C’s mother) did not apply for parcelling-out according to the land owner of the building listed in attached Table No. 2, or the Plaintiff’s project implementation plan, and became an object of cash settlement.

The Defendants occupied and used the above building owned by each of the Defendants, and Defendant D occupied and used the second floor among the buildings listed in the attached Table No. 2. On March 2, 2018, the Goyang market approved the Plaintiff’s management and disposition plan and announced on March 6, 2018.

The plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Gyeonggi-do, which did not consult with the defendants on the compensation for losses, and the local Land Tribunal of Gyeonggi-do decided the compensation for the defendants on May 27, 2019, respectively, and decided the commencement date of expropriation on July 11, 2019.

Accordingly, on July 10, 2019, the Plaintiff deposited each compensation for the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence (including branch numbers in case of additional number) and 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 Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") concerning the cause of the claim shall not use or benefit from the previous land or building until the date of public announcement of the approval for the management and disposal plan under Article 78 (3), if the public announcement of the approval for

Provided, That the project implementer's consent or public works shall be obtained.