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(영문) 인천지방법원부천지원 2017.05.11 2016가단118310

건물명도

Text

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

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established on May 8, 2009 by obtaining authorization for the establishment on May 8, 2009 for a A-Housing Redevelopment Project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the instant redevelopment Project”). The Defendant is the owner of the real estate listed in the attached Table in the project implementation district of the instant redevelopment project (hereinafter “the instant real estate”).

B. As to the instant redevelopment project, the Plaintiff received authorization to implement the relevant redevelopment project on February 26, 2010 from the Bupyeong-si mayor; the authorization to revise the project implementation on July 25, 2013; and the authorization to implement the relevant redevelopment project on May 9, 2016; and the authorization to implement the relevant redevelopment project was publicly notified on May 16, 2016.

C. On February 27, 2017, the Defendant became eligible for cash settlement because it did not apply for the application for parcelling-out during the period of application for parcelling-out, and upon the Plaintiff’s request, the Gyeonggi-do Regional Land Tribunal decided on February 13, 2017 to accept the instant real estate and pay compensation for the loss (hereinafter “instant acceptance ruling”).

According to the instant ruling of acceptance, the Plaintiff deposited KRW 858,841,690 on April 12, 2017, with the Defendant as a deposit account in the Incheon District Court No. 917, the Plaintiff deposited KRW 858,841,690 on the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. According to the above facts of recognition, since the management and disposal plan of the Plaintiff was publicly announced in the bulletin of Bupyeong-si and the Plaintiff completed compensation for losses for the instant real estate, the Plaintiff acquired the ownership of the instant real estate on April 13, 2017, which is the starting date of expropriation, pursuant to Articles 43 and 45 of the Act on Acquisition of and Compensation for Land, etc.

Therefore, the defendant shall deliver the real estate of this case to the plaintiff.