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(영문) 인천지방법원 2018.08.22 2017가단257561
건물명도(인도)
Text

1. The plaintiff

A. Defendant B: The real estate listed in the Appendix 1 list;

B. Defendant C shall provide the real estate listed in the annex 2 list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 90,438 square meters in Nam-gu Incheon Metropolitan City KK as its business area.

B. On January 23, 2017, the Plaintiff obtained the authorization of the management and disposal plan from the head of the Nam-gu Incheon Metropolitan City, and the head of the Nam-gu Incheon Metropolitan City publicly notified

C. The Defendants, a member of the Plaintiff, possess the instant real estate as the owner of each real estate listed in the separate sheet in the business area of the instant case (hereinafter collectively referred to as “instant real estate”).

[Ground of recognition] Defendant B, D, E, G, H, and I: Confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant C, F: The absence of dispute, entry in the evidence Nos. 1 through 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The main text 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”) provides that “When the authorization of the management and disposal plan is publicly announced, the owner, superficies, leaseer, etc. of the previous land or building shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” The fact that the head of Nam-gu Incheon Metropolitan City publicly announced the authorization of the management and disposal plan of the instant rearrangement project on January 23, 2017 is as seen earlier, the Defendants, the owners of the instant real estate located within the business area of the instant rearrangement project, who are the owners of the instant real estate, are obligated to hand over each part of the instant real estate possession to the Plaintiff who acquired the right to use and profit from the real

B. As to Defendant F’s assertion, Article 46(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions of Defendant F’s assertion is applicable.

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