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(영문) 인천지방법원 2017.06.15 2016가단243169

건물명도

Text

1. The Defendants indicated the real estate to be delivered to the Plaintiff by the Defendant, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association whose business area covers 39,461.5 square meters in Bupyeong-gu, Incheon pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The indication of real estate to be delivered to each Defendant is located within the above business area.

B. The Plaintiff obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City head of the Gu on December 16, 2009 for the establishment of the association, and the implementation of the project on August 22, 201, respectively, and on February 29, 2016, the Plaintiff’s management and disposition plan was approved and announced on the same day.

C. The Defendants are occupying and using each of the instant real estate as the owner or lessee.

The Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Incheon Metropolitan City, in order to not reach an agreement on the acquisition of each of the instant real estate with the Defendants, and the said Land Tribunal determined the commencement date of expropriation on October 25, 2016 as of December 14, 2016 for Defendant B, H, and L.

In addition, the Plaintiff filed an application for adjudication of expropriation with the above Land Tribunal on the business of Defendant C, and the said Land Tribunal decided on December 1, 2016 on January 25, 2017 on the commencement date of expropriation.

E. On December 6, 2016, the Plaintiff deposited each of the compensation determined by the above confinement ruling with Defendant B, H, and L with the deposited person as Defendant C. On January 18, 2016, the Plaintiff deposited the compensation under the above confinement ruling with the deposited person as Defendant C.

바. 관련규정 ◎ 도시정비법 제40조(공익사업을위한토지등의취득및보상에관한법률의 준용) ① 정비구역안에서 정비사업의 시행을 위한 토지 또는 건축물의 소유권과 그 밖의 권리에 대한 수용 또는 사용에 관하여는 이 법에 특별한 규정이 있는 경우를 제외하고는 「공익사업을 위한 토지 등의 취득 및 보상에 관한 법률」을 준용한다.

However, the implementation of the rearrangement project.