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(영문) 의정부지방법원 2020.04.22 2019가단138382

건물인도

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the annexed sheet No. 1;

B. Defendant C shall provide the real estate listed in the Appendix 2 list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the area of project implementation of 32,509 square meters wide from the Do Government-si, and the real estate listed in the attached Tables 1 and 2 list (hereinafter “each real estate of this case”) is located within the said rearrangement project zone.

B. On December 7, 2012, the Gu Government Mayor approved the implementation of the project on the Plaintiff, and approved and publicly notified the management and disposal plan on April 19, 2019 pursuant to Article 74 of the Urban Improvement Act.

(Notice E in the Government). (c)

Defendant B is running a business by occupying and using the real estate listed in the attached Table 1 list, and Defendant C is running a business by occupying and using the real estate listed in the attached Table 2 list.

Meanwhile, the owners of each real estate of this case did not apply for parcelling-out within the period of application for parcelling-out set by the plaintiff.

The Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Expropriation Committee, in order to not reach an agreement on compensation with the persons subject to cash clearing such as the owner of each real estate

On January 13, 2020, the Gyeonggi-do Local Land Tribunal decided to expropriate the Defendants on February 27, 2020. On February 26, 2020, the Plaintiff deposited the business compensation for the Defendants as stipulated in the above expropriation ruling.

[Ground for Recognition] Defendant B: Defendant C: A without dispute, Gap evidence 1, Eul evidence 3-2, Gap evidence 4-2, Gap evidence 5-7, Gap evidence 9-1, the purport of the whole pleadings, and the purport of the whole pleadings (Article 208(3)2 and the main text of Article 150(3) of the Civil Procedure Act)

2. According to the main sentence of Article 81(1) of the Act on the Determination of Urban Improvement, when a public announcement of the approval of the management and disposal plan is made under Article 78(4), any right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of public announcement of transfer under

As seen above in the above facts of recognition.