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(영문) 수원지방법원 안산지원 2021.01.27 2020가단76572

건물인도

Text

The Plaintiff

(a) In the case of Defendant B, the real estate listed in the separate sheet No. 1,

B. Defendant C is written in the Appendix No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Act on the Improvement of Urban and Residential Environments (hereinafter “Urban and Residential Environments Act”) with the size of F 90,772 square meters as a project implementation area in the light-name city.

B. On January 28, 2020, 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’s association owns, and occupies, the real estate listed in the separate sheet No. 1; Defendant C’s real estate listed in the separate sheet No. 2; and Defendant E owns, respectively, the real estate listed in the separate sheet No. 3 (hereinafter “each real estate of this case”).

(d)

The Gyeonggi-do Local Land Expropriation Committee set the commencement date of expropriation on October 7, 2020 as the date of November 20, 2020, and decided to expropriate the Defendants’ compensation for losses arising from each of the instant real estate. On November 10, 2020, the Plaintiff: (a) on November 10, 2020, the Plaintiff made Defendant B joint with the Defendant as a person who was a person under public consignment; and (b) on November 13, 201, deposited the compensation for losses arising from the said adjudication on expropriation with Defendant E as a person under public consignment; and (c) on November 20, 2020, paid the compensation for losses arising from the said adjudication on expropriation to Defendant C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, and 8 (including various numbers), the purport of the whole pleadings

2. When a management and disposal plan prescribed in the Urban Planning and Rearrangement Act regarding the cause of a claim is authorized and publicly notified, the use and profit of the right holder, such as the owner of the former land or building and the person holding the superficies on the right to lease on a deposit basis, is suspended, and the project implementer is allowed to use and profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010, etc.). The Plaintiff’s public notice of the management and disposal plan regarding the instant rearrangement project is identical as seen earlier, and the Plaintiff’s each of the instant real estate located within