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(영문) 인천지방법원 2019.08.22 2018가단266456
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and consolidation project association established for the purpose of improving the urban and residential environment and improving the quality of residential life of its members by removing the buildings of 57,749.3 square meters in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant project zone”) and constructing new buildings on the site.

B. The Defendant is the former owner of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”), and is in the position of cash liquidationor because he/she did not apply for parcelling-out within the period for application for parcelling-out designated by the Plaintiff.

C. The Plaintiff established a management and disposal plan and applied for a management and disposal plan to the Bupyeong-gu Incheon Metropolitan City Bupyeong-gu.

Accordingly, the head of Bupyeong-gu Incheon Metropolitan City made a management and disposal plan on October 4, 2018, and made a public announcement on the same day (hereinafter referred to as the "public notice of this case").

On December 10, 2018, the Plaintiff filed an application with the competent Regional Land Tribunal of Incheon Metropolitan City for a ruling of expropriation of the instant real estate, and the said Committee rendered a ruling of expropriation on May 2, 2019. On June 11, 2019, the Plaintiff deposited KRW 137,300,000 of the adjudication compensation with the Defendant as the depositee.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 16 (including each number), and the purport of whole pleading

2. Determination:

A. According to the main sentence of Article 81(1) of the Act on the Determination of the Grounds for Claim, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner of the previous land or structure, may not use or profit from the previous land or structure until the date of public announcement of transfer under Article 86 of the same Act (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010). According to the above fact of recognition, following the fact of recognition.

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