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(영문) 인천지방법원 2020.02.19 2019가단225865
건물명도(인도)
Text

1.For the plaintiff: (a)

Defendant B: (2) real estate listed in the attached Table 1 Real Estate List; (b)

Defendant C shall list attached Table 1 Real Estate.

Reasons

1. Facts of recognition;

A. The Plaintiff was established for a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Gyeyang-gu, Incheon Metropolitan City (hereinafter “instant project zone”).

Upon the request of the plaintiff, the head of Gyeyang-gu Incheon Metropolitan City authorizing the management and disposal plan on October 19, 2018 and publicly announced it on the same day.

B. Defendant B occupied the above real estate to a person who was the owner of the land listed in paragraph (1) of the attached Table 1 (hereinafter “instant land”) and paragraph (2) of the building listed in the attached Table 1’s list (hereinafter “instant building”) located within the instant project zone. Defendant C occupies a part of the instant land (a) connected in order to each point of 2.20 square meters in the attached Table 2, 3, 4, 5, and 2 on the ground surface of the instant land, and the same section as indicated in the same drawing 1, 2, 5, 6, 9, and 1 each point of 1, 2, 5, 6, 9, and 52.29 square meters in order to connect each point of 9, 6, 7, 8, and 9 square meters in each of the above drawings (hereinafter “the instant part”).

C. On November 28, 2018, the Plaintiff filed a ruling of expropriation to compensate for losses, and received a ruling of expropriation on January 22, 2019 from the Incheon Metropolitan City Regional Land Expropriation Committee on November 28, 2018 on the commencement date of expropriation of the instant land and the above-ground obstacles (including the instant building).

On January 22, 2019, the Plaintiff deposited the compensation and additional dues as stipulated in the above confinement ruling with Defendant B as the principal deposit.

On the other hand, on February 27, 2019, the Plaintiff filed an application for the expropriation ruling on the business rights of Defendant C (E) on the part of the possession of the instant case with the expropriation ruling on April 23, 2019.

The Plaintiff deposited the compensation set forth in the above acceptance ruling with Defendant C as the principal deposit. D.

On August 22, 2019, the Plaintiff: (a) made Defendant B as a depositee on August 22, 2019; and (b) made settlement money 12,000.

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