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(영문) 인천지방법원 부천지원 2017.03.10 2016가단8178
건물인도
Text

1. The defendant shall, among the real estate stated in the attached Form, indicate the attached Form Nos. 1, 2, 3, 4, and 1 in sequence.

Reasons

1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties; or the entries in Gap evidence Nos. 1 to 10 and the whole purport of the pleadings.

The Plaintiff is a cooperative established on July 24, 2009 by obtaining authorization for the establishment on July 24, 2009 for the A-Housing Redevelopment Project (hereinafter “instant redevelopment Project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the area of business of KRW 16,142.6 square meters in Seocheon-gu, Seocheon-si, Seocheon-gu, Seoul. The Defendant leased and occupied the entire area of the 60 square meters on board (hereinafter “instant real estate”) of the attached Form among the buildings indicated in the attached Form within the rearrangement zone of the instant redevelopment project.

B. On February 9, 2015, the Plaintiff: (a) obtained the authorization to implement the instant redevelopment project from the Bupyeong-gu mayor; (b) obtained the authorization to implement the relevant redevelopment project on December 30, 2015; and (c) publicly announced the authorization to implement the relevant redevelopment project on December 30, 2015; and (d) on December 30, 2015

C. On December 26, 2016, the Gyeonggi-do Regional Land Tribunal determined the Defendant’s business rights, etc. concerning the instant real estate as KRW 38,66,660, and decided to accept the said rights (hereinafter “instant adjudication on expropriation”). D.

On January 13, 2017, the Plaintiff deposited KRW 38,666,660.

2. According to the determination as to the cause of the claim, on December 30, 2015, by authorizing and publicly announcing the management and disposal plan of the instant redevelopment project filed by the Plaintiff on December 30, 2015, the Defendant, a lessee, cannot use or make profits from the instant real estate pursuant to the main sentence of Article 49(6) of the Act, is obligated to deliver the instant real estate to the Plaintiff.

3. Judgment on the defendant's assertion

A. The Defendant did not complete the procedure for compensating for losses. Therefore, the Plaintiff did not complete the procedure.

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