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(영문) 수원지방법원 2019.02.15 2018가합14345
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

1. Basic facts

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established for the purpose of the Housing Redevelopment and Improvement Act (wholly amended by Act No. 14943, Oct. 24, 2017; hereinafter “former Urban Improvement Act”) and the Housing Redevelopment and Improvement Project Association established for the purpose of the Housing Redevelopment and Improvement Act, the project district of which consists of 171,537 square meters of JJ in Suwon-gu, Suwon-si, as prescribed by the articles of incorporation. The Plaintiff is a Housing Redevelopment and Improvement Project Association established for the purpose of the Housing Redevelopment and Improvement Act, the establishment of which was approved

B. The Plaintiff received authorization to implement a project on December 11, 2015 from the Suwon Market pursuant to Article 28(1) of the former Urban Improvement Act, and on March 23, 2017, received public notice of the approval to implement the management and disposal plan (K) in accordance with Article 48(1) of the former Urban Improvement Act.

C. Each real estate listed in the separate sheet is located within the project implementation district, and the defendants have occupied the above real estate as the owner or tenant of each pertinent real estate listed in the separate sheet.

After receiving the ruling of expropriation from the local Land Tribunal of Gyeonggi-do, the Plaintiff deposited the full amount of compensation for losses under the above expropriation ruling with Defendant B, E, and F as the depositee.

[Reasons for Recognition]

(a) Defendant B, C, D, G, I: Confession

(b) Defendant E, F, and H: Facts without dispute, entries in Gap 1 through 22 (including each number, if any) and the purport of the whole pleadings;

2. Under Article 49(6) of the former Act, the Defendants asserted that they have the right to possess and use the land or buildings within the project implementation district after the public notice of the management and disposal plan is obligated to deliver each of the pertinent real estate listed in the attached Table to the Plaintiff.

3. Determination

A. Judgment on the claim against Defendant B, C, D, G, and I as indicated in the part on the “paragraph 2” above. 2) Judgment by deeming the absence of applicable provisions of law to be a confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

B. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Defendant E, F, and H is authorized.

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