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(영문) 인천지방법원 2019.04.18 2018가단248502
건물명도(인도)
Text

1. The Plaintiff:

(a) The Selection C shall have the real property listed in the Appendix 2 list:

(b) Selected D shall be set out in Appendix 3.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or in full view of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 5, the plaintiff is a housing redevelopment project partnership that obtained authorization for the establishment of a project on March 14, 2012 by setting the Filwon 76,167.3 square meters (including real estate listed in the separate sheet) in Bupyeong-gu, Incheon as the project implementation district, and the plaintiff was subject to an approval for the establishment of a project on March 14, 2012. The plaintiff was notified by the head of Incheon Bupyeong-gu, Incheon on November 22, 2016, and the head of Incheon Bupyeong-gu publicly notified the approval for the management and disposal plan on the same day, and the defendant (appointed party) B and the designated parties (hereinafter referred to as the "defendants")

According to the above facts, the plaintiff is a project implementer who has received public notice of approval of a management and disposal plan pursuant to the provisions related to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the defendants occupy and use each real estate listed in the separate sheet in the project area. Therefore, the defendants are obligated to deliver each of the above real

2. Judgment on the defendants' assertion

A. The Defendants’ assertion 1) The Plaintiff is the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”).

(1) A failure to perform the obligation to compensate for losses (hereinafter referred to as “section 1”)

2) The Appointed D did not receive any compensation for the loss of directors’ expenses.

(hereinafter referred to as “Chapter 2”) Defendant (Appointed Party) B and Selected D, G, and H have not yet received full compensation from the Plaintiff. As such, Defendant (Appointed Party) B and Selected, who was authorized to use real estate from G and H, are not obligated to deliver the relevant real estate to the Plaintiff (hereinafter referred to as “Appointed Party”).

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