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(영문) 인천지방법원 2018.08.21 2017가단258564
건물인도
Text

1. Defendant B shall deliver to the Plaintiff the real estate listed in attached Table 1.

2. The plaintiff's defendant C.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. 1) The Plaintiff is a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 90438 square meters in Nam-gu, Incheon as the business district.

(2) On January 23, 2017, the remaining-gu Incheon Metropolitan City has changed the administrative district to the "Smi-gu" but the name at that time is stated.

The head of the Gu has obtained the approval of the management and disposal plan, and the head of the Incheon Metropolitan City is publicly announced on the same day

3) Defendant B, a member of the Plaintiff, completed the registration of transfer of ownership in the name of Defendant B on October 10, 203 with respect to the real estate indicated in the list of attached real estate in the project zone. After authorization of the management and disposal plan of the instant rearrangement project, Defendant B lost its status as a member because it did not apply for an application for parcelling-out during the period of application for parcelling-out, and the Plaintiff possessed the said real estate as of the date of closing argument in the instant case. (4) The Plaintiff filed an application for the adjudication of expropriation because it did not reach an agreement on compensation with Defendant B, etc. on November 29, 2017, which was decided by the Land Tribunal of Incheon Metropolitan City

5) On January 18, 2018, the Plaintiff deposited the full amount of KRW 66,778,220 of the compensation for losses under the above confinement ruling rendered by the Incheon District Court No. 874, which was deposited by Defendant B as the principal deposit, as of January 18, 2018. [Grounds for recognition: The respective entries in subparagraphs 1 through 9, and the purport of the entire pleadings.]

B. The main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) regarding the cause of the claim when the authorization of the management and disposal plan is publicly notified, the owner, superficies, leaseer, etc. of the previous land or structure shall have the right to the previous land or structure until the date of the public announcement of transfer under Article 54.

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