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(영문) 수원지방법원 2019.01.23 2018가단515186

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B is a building listed in Section 1 of the Schedule of Real Estate in Appendix 1;

B. Defendant C is the above.

subsection (b).

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that has been established with the area of project implementation of 171,652m2 in Suwon-si, Suwon-si.

B. On January 6, 2010, the Plaintiff approved the establishment of an association on January 6, 2010, the authorization of a project implementation plan on December 11, 2015, and the authorization of a management and disposal plan on March 23, 2017, and publicly notified the management and disposal plan approved on March 27, 2017.

C. Defendant B is the owner of the real estate indicated in paragraph (1) of the attached Table 1 real estate list in the project implementation district, and Defendant C is the lessee who leases and uses as his residence the portion of 48 square meters in the ship, which connects each point of 1, 2, 3, 4, 4, 5, 56, 7 and 1, among the real estate listed in paragraph (1) of the attached Table 1’s real estate list.

The Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with Defendant B, who is a person subject to cash settlement, and the Gyeonggi-do Regional Land Tribunal decided on April 30, 2018 pursuant to Article 34 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), to the effect that “the date of commencement of expropriation shall be determined as June 14, 2018 and shall be accepted under the terms of payment of KRW 505,306,030 for Defendant B’s compensation.” Accordingly, the Plaintiff deposited the above amount on June 7, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567; hereinafter “former Act”) provides that “the head of a Si/Gun shall, when he/she approves a management and disposal plan under paragraph (2), publish the contents thereof in the official bulletin of the relevant local government.” Article 49(6) provides that “the public notice under paragraph (3) is given, the owner, superficies, leaser, etc. of the previous land or building.”