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(영문) 인천지방법원 2017.07.20 2016가단242937

건물명도

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. As to the cause of claim

A. In accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and rearrangement project association whose business area covers 39,461.5 square meters in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and for which the approval of the management and disposal plan has been publicly notified. 2) The Defendant owns and occupies the real estate in the attached list in the improvement zone (hereinafter “instant real estate”).

3) The Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee in order to not reach an agreement on the acquisition of the instant real estate with the Defendant, and the said Land Expropriation Committee decided on October 25, 2016 the commencement date of expropriation to be December 14, 2016. (4) On December 12, 2016, the Plaintiff deposited the compensation under the said adjudication with the Defendant as the Defendant on December 12, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

B. The Defendant is obligated to deliver the instant real estate to the Plaintiff pursuant to Article 49(6) of the Urban Improvement Act.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.