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(영문) 의정부지방법원고양지원 2019.11.13 2019가단81922

건물명도(인도)

Text

1. The defendant shall display the attached Form 2-5 drawings to the plaintiff among the three floors of the building listed in the attached Table 1-2, 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established for the purpose of housing redevelopment project by making the total area of 58,393 square meters in Gyeyang-gu, Yangyang-si as a project implementation district. The Plaintiff obtained on April 12, 2012 the authorization of the establishment of redevelopment association from the high-sea market, the authorization of the implementation of the redevelopment project on September 8, 2015, the authorization of the management and disposal plan on March 2, 2018, and the public notice of the authorization was given at the time of each authorization.

B. The real estate listed in the attached list 1-2 (hereinafter “instant building”) is located within the said project implementation zone, and is owned by the Defendant. The Defendant occupies and uses the attached Form 2-5 drawings on the third floor of the instant building, which are the tenants of the instant building, (1), (2), (3), (4), and (1) and (35.56 square meters in the ship (hereinafter “the part occupied by the Defendant”) connected each point in sequence.

C. On May 27, 2019, the Plaintiff was adjudicated to expropriate the instant building and its site, and D received compensation for the instant building and its site on July 1, 2019.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “the owner, superficies, person having a right to lease, lease, lease, etc. of the previous land or building may not use or profit from such land or building until the date of public announcement of transfer under Article 78(3): Provided, That the same shall not apply where the project operator obtains consent or the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed, unless the management and disposal plan is approved and publicly notified and the compensation for losses is completed due to the expropriation of land, etc., the right to use or profit from such land or building

The Plaintiff.