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(영문) 수원지방법원안양지원 2017.11.29 2017가단103267

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B (Attached 1) is a building listed in the list;

B. The defendant C is among the buildings listed in the list (attached Form 1).

Reasons

1. Facts of recognition;

A. The Plaintiff is, during Ansan-si, the Housing Redevelopment Development and Improvement Project Cooperatives (hereinafter “Urban Improvement Act”) which obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project on the scale of 185,269 square meters of Gu Do Do 185,269.

B. On June 2, 2015, the Plaintiff obtained authorization for the implementation of a housing redevelopment project (hereinafter “instant project”) from the Ansan market, and announced the same date. On April 22, 2016, the Plaintiff publicly announced the management and disposal plan on the same day after obtaining the authorization for the implementation of the relevant housing redevelopment project.

C. Defendant B owned a building listed in the attached list (hereinafter “instant building”) located within the instant project site, and Defendant C used the building as a residence by leasing from Defendant B a parcel of land size 15 square meters in line with each of the following: (a) drawings indication 7, 8, 8, 9, 9, 9, 77, and 15 square meters in line with each of the following points.

Defendant B did not apply for parcelling-out to the Plaintiff within the period of application for parcelling-out as publicly announced by the Plaintiff.

E. On January 2017, the Plaintiff filed an application for adjudication of expropriation to compensate for losses with the Gyeonggi-do Regional Land Tribunal, and on May 15, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation to Defendant B, etc. on June 29, 2017.

Accordingly, on June 20, 2017, the Plaintiff deposited KRW 368,519,220 as compensation for expropriation for Defendant B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. When a public announcement of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is made, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be able to use and profit from the former land or buildings. < Amended by Act No. 4817, Dec.