beta
(영문) 인천지방법원 2018.11.30 2018가단236219

건물명도(인도)

Text

1. The Defendants are each indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, 7, and 1 among the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff is the implementer of “G Residential Environment Improvement Project” (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

In addition, the real estate listed in the attached list (hereinafter “instant real estate”) is unregistered buildings located in the instant business area.

(B) On July 6, 2018, the part of the site of this case is the state where the ownership transfer registration has been completed in the Plaintiff’s future after the procedure of expropriation.

On March 8, 2017, the head of Bupyeong-gu Incheon Metropolitan City shall approve a management and disposal plan concerning the project of this case, and publicly notify the management and disposal plan on the same day.

C. The Plaintiff, who was the owner of the instant real estate, filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee of Incheon Metropolitan City, in order to not reach an agreement with Defendant B. On May 4, 2018, the date of commencement of expropriation was determined by the said Committee as of June 28, 2018.

In addition, around June 19, 2018, the Plaintiff paid the compensation determined by the above acceptance ruling to Defendant B Educational Association.

(However, the part of the instant real estate is alleged to be owned by Defendant B and Defendant C as one’s own ownership, and the Plaintiff, on June 26, 2018, deposited with the Incheon District Court No. 7206, Jun. 26, 2018.

The defendants occupy the real estate of this case until now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 10, the purport of the whole pleadings

2. The assertion and judgment

A. When a public announcement of the authorization of a management and disposal plan prescribed in Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas (Amended by Act No. 14567, Feb. 8, 2017; hereinafter the same) to determine the Plaintiff’s claim is given, the use and profit-making of the right holder, such as the owner, superficies, person having a right to lease on a deposit basis, and lessee, shall be suspended, and the project implementer shall do so.