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(영문) 수원지방법원 안양지원 2018.12.19 2018가단111067
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination as to the cause of claim

A. 1) During Ansan-si, the Plaintiff is an improvement zone (hereinafter “instant improvement zone”) with a size of 116,66.10 square meters in the Gu C Il-gu, Ansan-si.

2) Housing redevelopment project under the Housing Redevelopment Project Act (hereinafter “instant redevelopment project”).

(2) For the purpose of 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 “Urban Improvement Act”).

(2) On January 15, 2016, the Plaintiff obtained authorization for the establishment of a housing redevelopment project from the Ansan market on February 21, 2012, and the Plaintiff obtained authorization for the implementation of the redevelopment project within the instant rearrangement zone from the Ansan market on January 15, 2016, and on February 27, 2017, the management and disposal plan was publicly announced on the same day after receiving the approval for the management and disposal plan.

(3) The Defendant is a member of the Plaintiff’s real estate indicated in the attached list (hereinafter “instant land”).

4) The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal of Gyeonggi-do against the Defendant, etc. on April 9, 2018, setting the starting date of expropriation (transfer) as of May 24, 2018, and made an adjudication to set KRW 3,150,000 for compensation for expropriation against the Defendant.

5) Accordingly, on May 14, 2018, the Plaintiff deposited KRW 3,150,000 for the Defendant as the head of Suwon District Court Branch No. 11116 in gold 2018, and the Defendant received it on June 1, 2018. [The fact that there is no dispute over the grounds for recognition, each entry of subparagraphs A1 through 7, and the purport of the entire pleadings.]

(b) The main sentence of Article 49(6) of the former Act on the Improvement of Urban Areas and Dwelling Conditions, when the authorization of a management and disposal plan is publicly notified, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall be the previous land or structure by the date the relocation is publicly notified

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