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(영문) 인천지방법원 2018.10.24 2018가단203370

건물명도(인도)

Text

1. The defendant shall be the plaintiff.

(a) deliver the second floor of 6.64 square meters among the real estate listed in the attached list;

B. From January 9, 2018, the same shall apply.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is the implementer of the “C Residential Environment Improvement Project” (hereinafter “instant project”) whose business area covers 192,687.02 square meters in Bupyeong-gu, Incheon pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the real estate listed in the attached Table (hereinafter “instant real estate”) is located within the instant

B. On July 22, 2016, the Plaintiff obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City head of the Gu to revise the project, and on March 8, 2017, the management and disposal plan was approved and announced publicly on the same day.

C. The Plaintiff, who was the owner of the instant real estate, did not reach an agreement with the Defendant on September 26, 2017, was subject to the Incheon Metropolitan City Regional Land Expropriation Committee’s ruling of expropriation as of November 16, 2017, and deposited compensation on November 14, 2017, and completed the registration of transfer of ownership on the ground of expropriation as of November 16, 2017.

The Defendant has occupied the instant real estate until now, and the amount equivalent to the monthly rent of the instant real estate from January 9, 2018 to the date of the closing of the argument in this case is KRW 443,00 per month.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1 through 5, the result of the commission of appraisal to the appraiser E belonging to the D appraiser's office of this court, the purport of the whole pleadings

2. The assertion and judgment

A. When a public announcement of approval 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) regarding the cause of a claim is given, the use and profit-making of the right holder, such as the owner, superficies, leasee, and lessee of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the foregoing recognition, the Plaintiff received the public announcement of approval of a management and disposal plan pursuant to