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(영문) 인천지방법원 2018.11.15 2017가단232531

부동산인도 청구의 소

Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant C: The real estate listed in the separate sheet No. 1;

B. Defendant F shall list the annexed sheet No. 4.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project by making the business area of 219,328 square meters of the Seoul Bupyeong-gu Seoul Bupyeong-gu K Day as the business area.

B. On July 13, 2016, the Plaintiff obtained authorization of the management and disposal plan from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and the head of Bupyeong-gu Incheon Metropolitan City announced it on the same day.

C. Defendant C occupies each real estate listed in the separate sheet in the business area as a cash clearing agent, Defendant D’s lien holder, and other Defendants.

The plaintiff deposited the compensation for expropriation according to the ruling of expropriation by the local Land Tribunal of Incheon Metropolitan City.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 8, 11, 14, 16, 17, 18, 22 and 23, Eul's statements, and the purport of the whole pleadings

2. Determination as to the principal claim against Defendant C, F, G, H, and I

A. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) provides that “When the authorization of the management and disposal plan is publicly announced, the owner of the previous land or building, superficies, leaseer, etc. shall not use or profit from the previous land or building until the date of public announcement of relocation under Article 54.” The fact that the head of Bupyeong-gu Incheon Metropolitan City publicly announced the authorization of the management and disposal plan concerning the instant rearrangement project on July 13, 2016 by the head of Bupyeong-gu shall be as seen earlier.

Therefore, the Plaintiff who acquired the right to use and benefit from the real estate as the implementer of the instant improvement project, the Defendant C, the Defendant F, the real estate listed in the separate sheet No. 4, the real estate listed in the separate sheet No. 5, the Defendant H, the real estate listed in the separate sheet No. 6, and the real estate listed in the separate sheet No. 7, respectively.