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(영문) 인천지방법원부천지원 2019.03.20 2018가단114930

건물명도(인도)

Text

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

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established on May 31, 2010 by obtaining authorization for the establishment from the Bupyeong-gu Seoul Metropolitan City Mayor for the purpose of a housing redevelopment improvement project (hereinafter “instant redevelopment project”) in a zone A under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. As to the instant redevelopment project, the Plaintiff received authorization to implement the relevant redevelopment project from the Bupyeong-si mayor on February 6, 2017, and the authorization for the management and disposal plan on May 4, 2018, respectively, and publicly notified the approval for the management and disposal plan on May 4, 2018.

C. The Defendant is a person who leased and occupied the real estate indicated in the separate sheet within the instant redevelopment project improvement zone (hereinafter “instant real estate”).

D, the owner of the instant real estate, completed the application for parcelling-out under the redevelopment project.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-4, Gap evidence 6, Gap evidence 7, the purport of the whole pleadings

2. Since the management and disposal plan of the instant redevelopment project is authorized and publicly announced, the Defendant was unable to use or profit from the instant real estate pursuant to Article 81(1) of the Urban Improvement Act, and thus, is obligated to deliver the said real estate to the Plaintiff.

As to this, the defendant alleged to the effect that the building of this case cannot be transferred until the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is completed, but there is no evidence to acknowledge that the defendant is the right holder entitled to claim compensation for losses to the plaintiff. Therefore, the defendant'