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(영문) 수원지방법원 2019.01.18 2018가합15973
건물명도(인도)
Text

1.For the plaintiff:

(a) Defendant B and C are the real estate listed in Section 1 of the Schedule,

B. Defendant D shall be set out in Attachment No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an Housing Redevelopment and Improvement Project Association which obtained approval for establishment from the Suwon City Mayor on December 17, 2010 for the purpose of housing redevelopment improvement project whose project implementation districts consist of 22,489 square meters of Suwon-si H Day as prescribed by the articles of incorporation, as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14943, Oct. 24, 2017; hereinafter “former Urban Improvement Act”) and as prescribed by the articles of incorporation.

B. On June 29, 2016, pursuant to Article 28(1) of the former Act, the Plaintiff received a public notice of authorization for the implementation of the project from the Suwon Market (I) and received a public notice of authorization for the implementation of the project on August 25, 2017 pursuant to Article 48(1) of the former Act.

C. Each real estate listed in the separate sheet is located within the project implementation district, and each real estate listed in the separate sheet is occupied by Defendant B and C, by Defendant D, by real estate listed in the separate sheet No. 2, by Defendant E, by real estate listed in the separate sheet No. 3, by Defendant F, by real estate listed in the separate sheet No. 4, by real estate listed in the separate sheet No. 5, by ownership or lease agreement.

On October 1, 2018, the Plaintiff determined the commencement date of expropriation as of November 15, 2018 and deposited each of the compensation for losses as stipulated in the above expropriation ruling by the Gyeonggi-do local land expropriation committee as the depositee, Defendant B, and C.

[Reasons for Recognition]

(a) Defendant B and C: Fact that there is no dispute, entries in Gap 1 through 7 (including each number, if any) and the purport of the whole pleadings;

(b) Defendant D, E, F, and G: Confession;

2. According to the position of Article 49(6) of the former Act and precedents, the Defendants asserted by the Plaintiff are obligated to deliver each real estate listed in the attached Table to the Plaintiff, who acquired the right to possess and use the land or building in the project implementation district after the public notice of the management and disposal plan.

3. Determination

A. The former Act on the Maintenance of Urban Areas, Etc. concerning claims against Defendant B and C.

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