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(영문) 인천지방법원 2017.07.19 2016가단242913

건물명도

Text

1. The Defendants deliver real estate “B” among the indications of real estate to which they are to deliver to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by making the Incheon Bupyeong-gu L Group as a business area.

B. The Defendants occupied and used each of the instant real estate as owners (Defendant B, D, I,K) or lessees (Defendant C, E, F, G, H, and J) of the real estate indicated as “the indication of the real estate to be delivered to each of the Defendant” (hereinafter “each of the instant real estate”).

C. The Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City to establish an association on December 16, 2009; the authorization to implement the project on August 22, 201; and the authorization to implement the management and disposal plan on February 29, 2016; and was publicly notified on the same date as the authorization to implement the management and disposal plan.

As the Plaintiff did not reach an agreement to acquire each real estate of this case, the Plaintiff applied for adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee, and the said Regional Land Expropriation Committee decided on October 25, 2016 on December 14, 2016 on the commencement date of expropriation for the owners.

On December 12, 2016, the Plaintiff deposited the full amount of compensation determined by the above acceptance ruling against the said owners.

E. In addition, the Plaintiff filed an application for expropriation of the goodwill held by the above lessee with respect to Defendant C, E, and G, the lessee, and the local Land Tribunal of Incheon Metropolitan City rendered a ruling of expropriation on December 1, 2016.

On January 25, 2017, the Plaintiff deposited the full amount of the compensation determined by the above acceptance ruling against the above lessee.

[Ground of Recognition] Defendant B, C, D, E, G, I, K: The absence of dispute, and the purport of the whole of the arguments and arguments set forth in Gap evidence Nos. 1 through 10 (including branch numbers), Defendant F, H, and J: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. Determination

A. Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents is publicly notified of the authorized management and disposal plan. The right holder of the previous land or structure shall be the owner of the land or structure.