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(영문) 수원지방법원 2020.08.18 2019가단567146

건물인도

Text

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

Costs of lawsuit shall be borne by the defendant.

Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff was established for the purpose of housing redevelopment and rearrangement project (hereinafter “instant project”) with approximately KRW 49,076 square meters of the wife population D in Chungcheongnam-si as the project implementation district (hereinafter “instant project”) and obtained authorization for the establishment of a housing redevelopment and rearrangement project association on September 9, 2009.

B. On May 3, 2019, on the instant management and disposition plan for the instant project (hereinafter “instant management and disposition plan”) was approved by the Plaintiff, and the management and disposition plan was publicly announced on the same day.

C. The Defendant owns the real estate in the attached list in the instant project zone (hereinafter “instant real estate”).

The Plaintiff filed an application for adjudication on expropriation of the instant real estate, etc. with the Gyeonggi-do Regional Land Expropriation Committee, and the said Land Expropriation Committee rendered an adjudication on expropriation of the instant real estate, etc. (hereinafter “instant adjudication on expropriation”) on March 9, 2020 on April 23, 2020.

E. On April 14, 2020, the Plaintiff deposited the compensation for losses (land, buildings, obstacles and late payment charges) as stipulated in the instant expropriation ruling with the Suwon District Court No. 4525, 2020, which was deposited by the Defendant as the principal deposit.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 5, Gap’s 6-3, the purport of the whole pleadings

2. The assertion and judgment

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly notified, the owner of the previous land or building, superficies, leaser, etc. shall not use or benefit from the previous land or building until the date the transfer is publicly notified pursuant to Article 86.”

Therefore, if the administrative disposition is notified, the use and profit of the previous owner for the object is suspended, so the project implementer is separate for the object.