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(영문) 수원지방법원 2019.04.11 2018가합14437

건물명도(인도)

Text

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

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

Reasons

1. Basic facts

A. The Plaintiff was established for the purpose of housing redevelopment and rearrangement project with the housing redevelopment project area of 171,537 square meters in Suwon-si TY-si, Suwon-si, and obtained authorization to establish a housing redevelopment and rearrangement project association on January 6, 2010.

B. On December 11, 2015, the Plaintiff obtained authorization for the implementation of the Suwon-si Telecommunications (Name 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. The said management and disposition plan was publicly announced on March 27, 2017.

(U.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.

[Reasons for Recognition]

(a) Defendant B, E, I, J, Q: Confession;

(b) Defendant C, D, F, G, H, K, L, M,O, P, R, and S: The absence of any dispute, each entry in Gap, 3, 8, 12, 13, 15, 16, 22, 23, and 32 (including branch numbers if any) and the purport of the whole pleadings;

2. The Defendants asserted by the Plaintiff are obligated to deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff, who had the right to occupy and use the land or building within the project district after the public notice of the management and disposal plan pursuant to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 1413, Mar. 29, 2016; hereinafter “former Act”).

3. Determination

A. Judgment by confession as to the claim against Defendant B, E, I, J, and Q (Article 208(3)1, and Article 257 of the Civil Procedure Act)

B. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Defendant C, D, F, G, H, K, L, M, N,O, P, R, and S is publicly notified.