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(영문) 인천지방법원 2019.04.26 2018가단261789
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B delivers each real estate listed in the separate sheet No. 1;

B. Defendant C is attached Form 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project by setting the area of 96,030.90 square meters in Michuhol-gu Incheon Metropolitan City I as the business area.

B. The head of Michuhol-gu Incheon Metropolitan City approved the management and disposal plan on November 13, 2017, and publicly notified it on the same day.

C. Defendant B owns and occupies each real estate listed in the separate sheet No. 1 in the above improvement project zone. Defendant C is about 45 square meters in the portion inside the ship (Ga, F) which connects each point in the separate sheet No. 1, 2, 3, 4, 5, 10, 10, and 1 among the 1st floor of the building listed in the separate sheet No. 2 of the real estate list No. 1, and Defendant D is about 11, 12, 13, 14, 15, 23, and 11 of the separate sheet No. 2 among the two floors of the building listed in the annexed sheet No. 2 of the real estate list No. 1, the portion No. 15, 16, 17, 18, 19, 201, 21, 23, 25, and 34, in sequence among the two floors of the building listed in the annexed sheet No. 2 of the real estate list No. 1. 2.

Defendant B did not apply for parcelling-out within the period of application for parcelling-out designated by the Plaintiff, and the Plaintiff deposited 53,417,730 won in total, including land and goods compensation and additional charges for delay, for Defendant B on September 19, 2018 according to the Incheon Metropolitan City Local Land Expropriation Committee’s ruling of expropriation on September 19, 2018.

【Defendant B: Fact that there is no dispute, each entry of Gap evidence 1 through 9, the purport of the whole pleadings, defendant C, D, and E: Judgment based on the constructive admission (Article 208(3)2 of the Civil Procedure Act)

2. Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents ("the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") regarding the cause of the claim is publicly notified of the approval for the management and disposal plan under Article 78 (4), the owner, superficies, leaseer, etc. of the previous land or building by the date of public notification of transfer

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