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(영문) 인천지방법원 2019.04.24 2018가단264238

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: each real estate listed in the separate list of real estate;

B. Defendant C shall be attached hereto.

Reasons

1. Basic facts

A. The Plaintiff is a Housing Redevelopment Development Project Association established on September 11, 2008 with authorization from the head of Nam-gu Incheon Metropolitan City in order to implement a housing redevelopment project with approximately KRW 96,034.90 square meters in a project implementation district (hereinafter “instant project”).

B. Defendant B owned each real estate listed in the separate sheet of real estate located within the instant project zone, and possessed the said real estate until now. Defendant C, among the first floor of the building listed in the separate sheet of real estate in paragraph (2) of the attached Form No. 2, occupied approximately KRW 25 square meters in the part of the ship (A) connected each point of the annexed sheet No. 1, 2, 3, 4, 5, 5, 6, 7, and 1.

C. On November 13, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of the Nam-gu Incheon Metropolitan City, and the management and disposal plan was publicly notified on the same day.

Defendant B lost the status of the Plaintiff’s member as a result of failing to file an application for parcelling-out during the period of parcelling-out, and the Plaintiff filed an application for acceptance with the competent regional Land Tribunal of Incheon Metropolitan City for each real estate listed in the attached list

Accordingly, on September 19, 2018, the above committee made a ruling of expropriation on each of the above real estate (the starting date of expropriation is November 13, 2018).

E. On November 6, 2018, the Plaintiff deposited KRW 474,676,70,700 (land 364,992,200 building, etc. 109,684,500) on the aggregate of compensation for losses (land 364,92,200 building) determined by the expropriation ruling rendered on September 19, 2018, with Defendant B as the deposited person.

[Reasons for Recognition] Each entry of Gap 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the cause of the claim is “the owner, superficies, person having a right to lease, leaser, etc. of the previous land or building” when the approval of the management and disposal plan under Article 78(4) is publicly notified.