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(영문) 수원지방법원 2018.11.01 2017가단536223
건물명도(인도)
Text

1. The Defendant points out 1, among the real estate listed in the separate sheet list, 1, 2, 3, 4, and 1, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization to establish an association from the Suwon-si City Mayor on July 29, 2009 to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with the area of 35,740 square meters in Suwon-gu, Suwon-si, Suwon-si.

B. On March 21, 2017, the Plaintiff obtained the approval of the management and disposal plan of the instant rearrangement project from the Suwon City, and on the same day, the Suwon City announced the management and disposal plan.

C. Of the real estate listed in the attached list located within the instant rearrangement project zone, the Defendant occupies the real estate indicated in the attached list, where the portion (a) part (a) of 80.56 square meters (hereinafter “the instant building”) connected in sequence each point of 1, 2, 3, 4, 1 and 1 are leased from the owner and operated “D”.

Meanwhile, the Plaintiff agreed with the owner to acquire the land, buildings, etc. located within the instant rearrangement project zone, but applied for a ruling of expropriation as it did not reach an agreement due to the lack of compensation, etc., and the Gyeonggi-do Local Land Tribunal, on July 23, 2018, pursuant to Article 34 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), issued a ruling of expropriation to the effect that “the commencement date of expropriation (transfer) was set as the date of September 6, 2018, and subject to the payment of compensation for losses, and transfer of goods, etc. within the instant rearrangement project zone” (hereinafter “instant ruling of expropriation”). Of the instant ruling of expropriation, the compensation for business losses of the instant building was determined as KRW 41,350,000.

E. On September 4, 2018, the Plaintiff deposited KRW 41,350,000 as business loss compensation determined by the instant expropriation ruling with the Defendant as the principal deposit.

【Ground of recognition】 Each entry of evidence Nos. 1 through 8, and the purport of the whole pleadings

2. Determination

A. The entire Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is No. 14567.

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