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(영문) 인천지방법원 2018.08.31 2018가합52838

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 1;

B. Defendant C shall provide the real estate listed in the annex 2 list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) that operates a housing redevelopment and rearrangement project (hereinafter “instant project”).

B. Defendant B was the owner of the real estate listed in the attached Table 1 list within the project implementation district of this case, and became eligible for cash settlement due to the failure to file an application for parcelling-out during the period of

Defendant C is operating a restaurant while occupying the above real estate by leasing it from Defendant B, the owner of the real estate listed in the attached Table 2 list among the real estate listed in the attached list 1.

Defendant D, among the real estate listed in the separate sheet No. 1, occupied the above real estate by leasing the real estate listed in the separate sheet No. 3 (hereinafter collectively referred to as “instant real estate”) from Defendant B, the owner.

C. The Plaintiff obtained authorization from the head of Gyeyang-gu Incheon Metropolitan City to establish an association on March 31, 2009, and on July 24, 2017, and the authorization of the management and disposal plan was publicly announced on July 28, 2017.

As the Plaintiff did not hold a consultation with Defendant B and C, the Plaintiff filed an application for adjudication of expropriation with the competent regional Land Tribunal on May 4, 2018, the said regional Land Tribunal accepted the instant real estate on May 4, 2018, and the compensation for losses was KRW 2,053,037,910 (land and obstacles) in the case of Defendant B, and KRW 48,157,70 in the case of Defendant C, and the date of commencement of expropriation was decided on June 28, 2018 (hereinafter “adjudication of expropriation”).

E. On June 27, 2018, the Plaintiff was the Defendant B, and KRW 2,053,037,910 as the Incheon District Court No. 6992 in 2018, and KRW 48,157,700 as the Defendant C’s District Court No. 7076 in 2018.