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(영문) 수원지방법원 안양지원 2018.11.07 2017가단123902
부동산인도
Text

1. The Plaintiff, Defendant B, and Defendant C, real estate No. 2, and the real estate list No. 2, attached hereto.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project for the purpose of implementing a housing redevelopment project with the area of project district of 116,66.10 square meters in Ansan-si, Ansan-si under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Urban Improvement Act”).

B. On February 27, 2017, the Ansan City approved the management and disposal plan for the housing redevelopment improvement project, and publicly notified the details thereof.

C. Among each real estate list in the above project implementation district, each owner of the real estate listed in the No. 2, Defendant B, and Defendant C, as the owner of the real estate listed in the No. 16, respectively, within the said project implementation district.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 5-2, and 7, the purport of the whole pleadings

2. Determination:

A. According to Article 49(6) of the former Act, in cases where a management and disposal plan under the said Act is authorized and publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings within the project implementation district, shall be suspended, and the project implementer may use and profit

Therefore, the defendants are obligated to deliver each possession of real estate to the plaintiff who acquired the right to use and profit from each possession of the real estate listed in the attached Table 2 list in accordance with the notice of the above management and disposal plan.

B. The Defendants asserted that the determination of the Defendants’ assertion cannot comply with the Plaintiff’s claim before the reasonable compensation for loss is completed.

Considering the overall purport of the statements and arguments by Gap evidence 6-1, Gap evidence 6-2, Gap evidence 7-1, and Eul evidence 7-4, the Gyeonggi-do local land expropriation committee shall adopt the commencement date of expropriation on April 9, 2018 as the commencement date of expropriation on May 24, 2018 and expropriate the above real estate as the condition of the payment of compensation for losses.

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