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(영문) 수원지방법원안산지원 2020.03.06 2019가단56220

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment 6] No. 5;

B. Defendant C is listed in [Attachment 7] list.

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 Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by setting the G GJ 162,616㎡ as a project implementation district (hereinafter “instant project district”).

B. The Defendants occupy the corresponding part of each of the real estate stipulated in Paragraph (1) of this Article (hereinafter “each of the instant real estate”).

C. On November 9, 2018, 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. On January 14, 2019, the Gyeonggi-do Regional Land Tribunal: (a) determined the commencement date of expropriation on February 28, 2019; (b) made an adjudication on expropriation of compensation for losses for real estate listed in the attached Tables 6 and 7 owned by Defendant B and C (hereinafter “instant adjudication on expropriation”); and (c) the Plaintiff deposited the total amount of compensation for losses arising from the said adjudication on expropriation with Defendant B and C as depositee before the commencement date of the above expropriation.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 9 (including each number), the purport of the whole pleadings

2. According to the provisions of the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, when a notice of the approval of the management and disposal plan stipulated in the above Act is given, a right holder, such as an owner, lessee, etc. of the previous land or structure, cannot use or profit from the previous land or structure, and a project implementer can use or benefit

Since the management and disposal plan of this case was authorized and publicly announced on November 9, 2018, the plaintiff acquired the right to use and benefit from each of the real estate of this case in the project zone of this case.

Therefore, the Defendants, as stated in paragraph (1) of this Article, have occupied each real estate of this case.