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(영문) 인천지방법원부천지원 2019.04.19 2018가합103210
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: each of the buildings listed in Section 1 of the separate sheet

B. The defendant C shall list the annexed list.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established on May 31, 2010 by obtaining authorization from the Busan City Mayor for a housing redevelopment improvement project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the size of 302,397 square meters as its business area in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

B. As to the instant redevelopment project, the Plaintiff received authorization to implement the relevant redevelopment project from the Bupyeong-si mayor on February 6, 2017, and the authorization for the management and disposal plan on May 4, 2018, respectively, and publicly notified the approval for the management and disposal plan on May 4, 2018.

C. Defendant B is in possession of each building listed in the separate sheet No. 1 in the instant redevelopment project improvement zone, and the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is in possession of each building listed in the separate sheet No. 2 in the same zone.

On October 1, 2018, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation of the Defendant B’s compensation amounting to KRW 5,378,850,810, and KRW 539,700,000, respectively, upon the Plaintiff’s application.

(As of November 15, 2018, the Plaintiff deposited KRW 5,378,850,810 of the compensation for Defendant B as of November 9, 2018, on the ground that it was prohibited from paying the compensation to Defendant B by seizure. On November 16, 2018, the Plaintiff deposited KRW 539,70,000 to the Defendant Company on the ground that it was prohibited from paying the compensation by seizure.

[Ground of recognition] Facts without dispute, Gap 1 through 4, 5-3, 4, 7, 6, 7-2, 5, 8-2, 9-9, and the purport of the whole pleadings

2. The management and disposal plan of the instant redevelopment project was authorized and publicly announced, and the Defendants’ compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has been completed, the Defendants cannot use each of the buildings listed in the separate sheet or profit therefrom pursuant to Article 81(1) of the Act.

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