beta
(영문) 수원지방법원 2019.04.18 2018가단514305

건물명도(인도)

Text

1. The Defendants deliver each of the real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

Facts of recognition

A. The Plaintiff was established for the purpose of housing redevelopment and rearrangement project with the housing redevelopment project district consisting of 171,537m2 in Suwon-si, Suwon-si H Day as the project implementation district, and was authorized to establish an association from the Suwon-si, Suwon-si on January 6, 2010.

B. On December 11, 2015, the Plaintiff obtained authorization for the implementation of the Suwon-si H Il-si H (title A) 171,652 square meters from the Suwon-si mayor on December 11, 2015, and obtained authorization for the management and disposition plan on March 23, 2017, and the said management and disposition plan was publicly announced on March 27, 2017.

(I) public notice in Susu City; (c)

Attached Form

Each real estate listed in the list is located in the project implementation district, and the defendants have occupied the above real estate as the owner or tenant of each corresponding real estate listed in the attached list.

After receiving the ruling of acceptance from the local Land Tribunal of Gyeonggi-do, the Plaintiff deposited the full amount of compensation for losses under the above ruling of acceptance with the Defendants as depositee.

[Ground of recognition] The judgment by Defendant E and F confessions (Article 208(3)2 and Article 150(3) of the Civil Procedure Act) on the grounds of a claim as a whole, Defendant B, C, D, and Article 49(6) main text of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or benefit from the previous land or buildings until the date of the public announcement of transfer under Article 54 when the authorization for the management and disposal plan is publicly notified: Provided, That the same shall not apply to the case of the right holder whose consent is obtained from the project operator or the compensation for losses is not completed under Article 40 and the Public Works Act. Thus, when the public announcement of the management and disposal plan is made, the use or benefit of the right holder, such as the owner, superficies, lease holder, etc. of the previous land or buildings, and the project operator may use or benefit from the previous land or buildings.