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(영문) 의정부지방법원고양지원 2020.02.19 2018가단97111
건물명도(인도)
Text

1. The defendant shall deliver the second floor among the buildings listed in the attached Form to the plaintiff.

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

3...

Reasons

1. Facts of recognition;

A. On April 12, 2012, the Plaintiff was granted authorization for the establishment of redevelopment association on April 12, 2012, the authorization for the establishment of redevelopment association on September 8, 2015, and the authorization for the management and disposal plan on March 2, 2018, and the public notice of authorization was given at the time of obtaining each authorization.

B. The building attached to the Defendant’s ownership (hereinafter “instant building”) is located within the redevelopment project execution zone, and the Defendant is currently possessing the second floor of the instant building as a person subject to cash settlement.

C. On May 27, 2019, the Plaintiff received a ruling to expropriate the instant building and its site against the Defendant, etc. for the following year.

7. 10. Deposit of compensation set forth in the adjudication of expropriation for the defendant.

[Ground of recognition] Gap evidence 1, 2, 3, 6, Gap evidence 4-1, 2, 3, Gap evidence 5-5, 6, Gap evidence 7-3, and the purport of the whole pleadings

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, lease on a deposit basis, etc. shall not use or profit from the relevant land or building until the date of public announcement of transfer under Article 78(3), if a public announcement of a management and disposal plan is made under Article 78(3): Provided, That this shall not apply where a project operator’s consent or a compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) is not completed.” Thus, when a management and disposal plan is authorized and public announcement is completed, the former owner’s right to use or profit from the land or building in the project area is suspended,

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