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(영문) 인천지방법원 2017.11.28 2017가단217525
건물명도(인도)
Text

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

2. The costs of lawsuit shall be borne by each person;

3.Paragraph 1.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association which has obtained authorization for the establishment of a partnership under Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on June 26, 2009, which designates the Gyeyang-gu Incheon Gyeyang District as a project implementation district.

B. The Defendant is the owner of the building indicated in the attached list in the Plaintiff’s project implementation district (hereinafter “instant building”).

C. The Plaintiff received authorization for the implementation of the project on December 29, 2010 from the head of Gyeyang-gu Incheon Metropolitan City, and the authorization for the management and disposal plan on November 11, 2016, and the said authorization for the management and disposal plan was publicly notified on November 18, 2016.

The plaintiff consulted with the defendant for the acquisition and transfer of land and ground objects to be incorporated in the business, and as a result, the plaintiff applied for adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee.

Accordingly, on July 14, 2017, the committee rendered a ruling of expropriation on September 7, 2017 with respect to the building in this case as of the commencement date of expropriation.

E. On September 4, 2017, the Plaintiff deposited the compensation determined by the above acceptance ruling in the future of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including branch numbers for those with a tentative number) and the purport of the whole pleadings

2. Relevant statutes.

A. Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Acquisition of Land, etc.”) provides that “When the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the public announcement of relocation is made pursuant to Article 54: Provided, That this shall not apply to cases where a right holder, the compensation for losses under Article 40 of the Act on the Acquisition of Land, etc. for Public Works

(b)In addition, the main sentence of Article 40(1) of the Act on the Maintenance and Improvement of Urban Areas.

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