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(영문) 의정부지방법원 2017.06.30 2016가단109154
건물명도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

Reasons

1. Basic facts

A. The Plaintiff was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant rearrangement project”) whose project implementation district consisting of 47,447 square meters in Dong Government-si, E, and completed the establishment registration on September 3, 2010 after obtaining authorization for the establishment of a government market on the same day.

B. The Plaintiff received authorization for the implementation of the project on September 11, 2013, and received the authorization for the implementation of the project on February 29, 2016, and publicly notified the details of the authorization for the management and disposal plan on the same day.

C. Defendant B owned real estate in the attached list within the instant rearrangement project zone (hereinafter “instant real estate”), but became a person subject to cash settlement by failing to apply for parcelling-out within the period of application for parcelling-out, and Defendant C and D occupy the instant real estate after completing resident registration at the location of the instant real estate.

The Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal because it did not reach an agreement on compensation for losses on the instant real estate between Defendant B. On February 27, 2017, the said Committee rendered a ruling of expropriation that the Plaintiff expropriates land, etc. in the project zone for the instant improvement project on April 13, 2017, and sets the amount of compensation for losses to Defendant B as KRW 446,456,960.

E. On April 10, 2017, according to the above ruling of acceptance, the Plaintiff deposited the above amount of compensation for losses with Defendant B as the principal deposit.

[Ground of recognition] Facts without dispute, Gap's statements, 1 through 10, 14, 15, 16, and the purport of the whole pleadings

2. Determination as to the cause of action

(a) Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) shall, when a management and disposal plan is authorized and publicly announced, be the previous land or structure owner, superficies, leaser, etc. by the date of public announcement of relocation under Article 54 of the same Act.

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