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(영문) 수원지방법원 2019.01.30 2018가단515124
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate indicated on the attached real estate.

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

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization for the establishment of a housing redevelopment and rearrangement project for the purpose of housing redevelopment and rearrangement project that has been incorporated into the housing redevelopment and rearrangement project district with the land size of 171,652 square meters in Suwon-si, Suwon-si

B. On December 11, 2015, the Plaintiff received the authorization for project implementation and the public notice thereof from the Suwon Market, and the authorization for the management and disposal plan and the public notice thereof on March 27, 2017.

C. The Defendant is the owner of the building indicated on the attached real estate located in the project implementation district of the above case (hereinafter “instant building”), and became an object of cash settlement as the Plaintiff did not apply for parcelling-out.

On April 30, 2018, the Plaintiff filed an application for adjudication of expropriation, and the Gyeonggi-do Regional Land Tribunal decided to compensate the Defendant for the damages amounting to KRW 838,514,880 (=land = KRW 314,646,380) on June 14, 2018, the Plaintiff decided to compensate for the damages amounting to KRW 838,514,880 for the instant building.

E. Accordingly, on June 7, 2018, the Suwon District Court deposited KRW 838,514,880 for the aforementioned compensation as the head of Suwon District Court No. 5756, supra.

In addition, on December 12, 2018, the Plaintiff paid the Defendant a total of KRW 18,342,703 under the pretext of resettlement funds, housing relocation expenses, and movable property transfer expenses.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, 7 (including paper numbers), and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 9, 2018; hereinafter “former Act”) shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54, in cases where public announcement is made under paragraph (3).

Provided, That a project implementer shall be a project implementer;

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