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(영문) 의정부지방법원 고양지원 2018.09.20 2017가단80284

건물명도(인도)

Text

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

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project by making the total area of G 40,404m2 as a project implementation district in Gyeyang-gu, Gyeyang-gu, Seoul Metropolitan City.

The Plaintiff received authorization to establish a redevelopment association on July 18, 201 from the high-sea market on July 18, 201, authorization to implement the project on October 25, 2016, and authorization to implement the management and disposal plan on August 29, 2017, respectively.

B. The Defendants do not own each of the pertinent real estate listed in the separate sheet, but do not possess it.

C. The Plaintiff deposited compensation for each owner of each real estate possessed by the Defendants upon receiving a ruling of expropriation.

The Plaintiff paid housing relocation expenses and director expenses to persons recognized as lawful occupants as of the date of public announcement of project implementation authorization, but the Defendants did not pay them on the ground that they failed to meet the requirements.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 39 evidence, purport of the whole pleadings

2. Determination

A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54, when there has been a public announcement (referring to the public announcement of approval of the management and disposal plan) under paragraph (3): Provided, That the same shall not apply to the case of the right holder whose consent has been obtained from the project implementer or whose compensation has not been completed under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. Therefore, when the management and disposal plan is authorized and the compensation for losses has been completed due to the expropriation of the land, etc., the use or profit-making of the previous owner, etc. of the land or buildings within the project implementation district is suspended, and the project implementer