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(영문) 인천지방법원 2019.07.05 2018가단259250

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The plaintiff is a party 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Pursuant to the project implementation district of Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project implementation district”)

(1) The Housing Redevelopment Improvement Project (hereinafter referred to as the “Maintenance Project”)

) The head of Bupyeong-gu Incheon Metropolitan City (hereinafter referred to as the “head of Bupyeong-gu”) shall implement the plan.

(2) The Defendant is the owner of the real estate indicated in the separate sheet in the project implementation district of the instant case (hereinafter “instant real estate”).

B. On January 8, 2018, the head of Bupyeong-gu Office approved and publicly notified the instant management and disposition plan concerning the instant rearrangement project (hereinafter “instant management and disposition plan”).

C. 1) The Defendant did not join the Plaintiff Union, and there was no agreement between the Plaintiff and the Defendant on the compensation for losses. 2) The Incheon Metropolitan City Regional Land Tribunal rendered a ruling on September 19, 2018 on the expropriation of the instant real estate, etc. (hereinafter “instant expropriation”).

The starting date of the acceptance of this case is November 13, 2018.

3) On November 8, 2018, the Plaintiff deposited the amount equivalent to each of the compensation for the instant real estate, etc. as determined by the instant expropriation ruling with the Defendant as the principal deposit. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1 through 7, and the purport of the entire pleadings.]

2. Determination:

A. (1) Determination on the cause of the claim 1) Relevant provisions and legal principles of the Act on the Maintenance and Improvement of Urban Areas and the public notice on the authorization of the instant management and disposal plan was made on January 8, 2018, as seen earlier. However, Article 25 of the Addenda of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Areas, which was wholly amended by Act No. 14567, Feb. 8, 2017, effective February 9, 2018, provides that “any other decision-making procedures and other actions under the former Act at the time this Act enters into force, shall be deemed to have been conducted pursuant to the provisions of this Act.