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(영문) 수원지방법원안양지원 2019.02.15 2018가단115458

건물명도(인도)

Text

1. The Defendants shall deliver to the Plaintiff the ground floor and the first floor among the real estate listed in the attached list.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project on May 24, 2010 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 25,167 square meters in Ansan-si, Ansan-si. The Plaintiff obtained authorization for the implementation of a housing redevelopment project on December 7, 2016 (hereinafter “instant redevelopment project”), and received authorization for the implementation of a housing redevelopment project on March 5, 2018, and publicly notified the management and disposal plan on the same day.

B. The Defendants leased and possessed the ground floor and the first floor (hereinafter “instant building”) among the real estate indicated in the attached list within the instant redevelopment project zone.

C. On November 26, 2018, the Gyeonggi-do Regional Land Tribunal rendered a ruling of acceptance of the instant building (hereinafter “instant ruling of acceptance”), and on January 9, 2019, the Plaintiff deposited the Defendants as deposited as the Defendants, with the amount of KRW 6,810,000 as compensation for losses under the said ruling of acceptance.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval of a management and disposal plan for a redevelopment project and the announcement thereof are made, the owner, superficies, leasee, etc. of the previous land or buildings may not use or profit from the previous land or buildings without the consent of the project operator until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the Implementation of Rearrangement Projects under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Articles 36 through 45 of the Act on the Maintenance and Improvement of Urban Areas and Article 47 of the Act on the Maintenance and Improvement