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(영문) 인천지방법원 2018.10.02 2018가단222869 (1)
건물명도(인도)
Text

1. The Defendants, among the real estate listed in the attached list, are 104.01 square meters on one floor, 104.01 square meters on two floors, and 102.19 square meters on three floors.

Reasons

1. Basic facts

A. On July 22, 2016, the Plaintiff is subject to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

(i) the F Residential Environment Improvement Project (hereinafter referred to as the “instant project”) publicly notified as the announcement E of Bupyeong-gu Incheon Metropolitan City under Article 28(1) and (4) of the Bupyeong-gu Incheon Metropolitan City.

(i) is a project implementer under the Act.

B. On March 8, 2017, the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu publicly notified the plan for the management and disposal of the instant project as G in Bupyeong-gu Incheon Metropolitan City.

C. The Plaintiff completed the registration of ownership transfer on January 8, 2018 due to expropriation on November 16, 2017 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Defendant B within the instant project zone.

As a de facto marital relationship, the Defendants currently occupy the first or third floor of the instant real estate as their stores or residences.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion;

A. Article 49(6) of the former Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act on the Acquisition of Land, etc.”) provides that “When a public announcement is made pursuant to the provisions of paragraph (3), the owner, superficies, person holding a right, lease right, etc. of the previous land or structure may not use or benefit from the previous land or structure until the public announcement is made pursuant to the provisions of Article 54: Provided, That the same shall not apply to the case of a right holder whose consent is obtained from a project operator or whose compensation is not completed pursuant to Article 40 and the Act on the Acquisition of Land

① On January 8, 2018, the Plaintiff completed the registration of ownership transfer of the instant real estate, and ② March 2017 on the instant project.

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