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(영문) 대전지방법원천안지원 2017.04.12 2015가단112227
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 housing redevelopment and rearrangement project association that has C as a rearrangement zone, including the site of the real estate listed in the attached list (hereinafter “instant real estate”).

B. On July 24, 2006 and December 31, 2007, the Plaintiff obtained authorization for the establishment of a astronomical market on July 24, 2006, and obtained authorization for the implementation of a project on December 31, 2007, attached documents, such as a project implementation plan to modify the authorized contents, articles of association, etc., and obtained the authorization for the implementation of a project from the astronomical market on September 16, 2013, and obtained the authorization for the implementation of a project from the astronomical market on April 3, 2015 based on the authorization for the implementation of a project, and the astronomical market publicly announced the contents of the authorization for the above management and disposal plan on April 13,

C. The Defendant occupied the instant real estate as the owner of the instant real estate, and became subject to cash settlement under Article 47 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents because the application for parcelling-out is not made within

On July 25, 2016, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Chungcheongnam-do, Chungcheongnam-do, where the consultation on the amount of liquidation with the Defendant did not reach an agreement, and on September 8, 2016, the Chungcheongnam-do Local Land Tribunal of Chungcheongnam-do, rendered an adjudication of expropriation on the date of commencement of expropriation of the instant real estate owned by the Defendant on September 8, 2016. On August 11, 2016, the Plaintiff deposited KRW 960,431,820 in total for the Defendant.

E. Some landowners in the rearrangement zone filed a lawsuit seeking confirmation of the establishment of the Daejeon District Court 2016Guhap10135 and a lawsuit seeking confirmation of invalidity of the management and disposal plan under Daejeon District Court 2016Guhap103162, respectively, but the judgment against the Plaintiffs was rendered on February 15, 2017, and each appeal is still pending.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 53 evidence (including virtual number) and the purport of the whole pleadings.

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