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(영문) 수원지방법원안산지원 2020.04.29 2019가단12404

건물인도

Text

1. The Plaintiff:

(a) Defendant B shall have the entire floor and the first floor of the real estate listed in the separate sheet No. 1:

B. Defendant C is attached Form 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and improvement project association established to implement a housing redevelopment and improvement project (hereinafter “instant improvement project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by using the area of project of project of 47,953 square meters of Seoul Special Metropolitan City D Day as the project district in Gwangju-si.

B. On March 29, 2019, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on the same day.

C. Defendant B is wholly possessing the entire floor and the 1st floor of the real estate indicated in the separate sheet No. 1; Defendant C is possessing the entire floor of the real estate indicated in the separate sheet No. 2, and the part (D) in the ship that connects each point of the attached sheet No. 1, 2, 18, 19, 20, and 1 among the real estate No. 2 listed in the separate sheet No. 2. 27.

On October 14, 2019, the Gyeonggi-do Local Land Tribunal decided the commencement date of expropriation as of November 28, 2019 and decided to accept compensation for business losses of the Defendants. On November 25, 2019, the Plaintiff made Defendant B as a depositee and deposited the full amount of compensation for losses under the above expropriation ruling as of November 26, 2019.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. When a management and disposal plan prescribed by the Act on the Determination of the Grounds for Claims is authorized and publicly notified, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc., of the previous land or buildings shall be suspended, and the project implementer may use and profit from such plan (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The Plaintiff’s management and disposal plan regarding the instant rearrangement project was authorized and publicly notified, and the Plaintiff’s entire deposit of compensation against the Defendants pursuant to the expropriation ruling is as seen earlier. As such, the Defendants are obligated to deliver each real estate, such as the Plaintiff’

3. As to the Defendants’ assertion.