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(영문) 수원지방법원 2019.03.13 2018가단10148
건물명도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in Appendix 5;

B. Defendant C shall provide the real estate listed in the Appendix 6 List.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Project Association established with the area of project implementation of 139,292m2 in Suwon-si, Suwon-si.

B. On May 25, 2009, the Plaintiff decided to designate a rearrangement zone, and announced the management and disposal plan approved on September 28, 2009, the authorization for establishment of the association on September 28, 2009, the authorization for the project implementation plan on December 31, 2015, the authorization for the management and disposal plan on August 2, 2017, and the Suwon City announced the management and disposal plan

C. The Defendants are the owners of each real estate listed in the attached Tables 5 (Defendant B) and 6 (Defendant C) located in the project implementation district, and they became eligible for cash settlement since they did not apply for parcelling-out to the Plaintiff Association.

As the Plaintiff did not reach an agreement on the compensation for each of the above real estate with the Defendants, the Defendants, including the Defendants, filed an application for adjudication of expropriation with the Defendants, and the Gyeonggi-do Regional Land Tribunal rendered adjudication on June 11, 2018 on the land and goods including the above real estate in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”), including the above real estate, on the following grounds: “A project implementer is omitted from the entry of the list of land, goods, and amount of compensation, which are the content of this adjudication, for the said project. The project implementer shall expropriate the land, and transfer the goods, etc. entered in the attached list, and the compensation for losses shall be KRW 80,767,714,200 (the separate compensation details are as stated in the attached list). The commencement date of expropriation (before) shall be as of July 26, 2018

E. According to the above judgment, the compensation for Defendant B was set at KRW 220,300,00 and the compensation for Defendant C was set at KRW 726,553,610.

On July 19, 2018, the Plaintiff deposited each of the above compensation for losses against the Defendants.

F. In addition, the Plaintiff’s compensation under Article 78 of the Public Works Act on February 21, 2019, with respect to Defendant B, KRW 12,00,000,00 for resettlement funds, KRW 9,940,378 for residential relocation expenses, KRW 1,549,933 for directors’ expenses (transfer expenses) and KRW 23,49,90,311 for the Defendant C.

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