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(영문) 수원지방법원 2018.12.13 2018가단515094
건물명도(인도)
Text

1. The Plaintiff:

A. Of the buildings listed in paragraph 2 of the attached list of real estate, Defendant B is all of the buildings (2) Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment improvement project (hereinafter “instant improvement project”) on January 6, 2010 with the business area of 171,652 square meters in Suwon-si, Suwon-si, Suwon-si, for the implementation of the housing redevelopment improvement project (hereinafter “instant improvement project”).

B. On March 23, 2017, the Plaintiff was authorized to implement the instant improvement project from the Suwon City, and on March 27, 2017, the Suwon City announced the management and disposal plan.

C. Defendant B is the owner of the real estate indicated in paragraph (2) of the attached list of the real estate located within the instant rearrangement project zone (hereinafter “instant 2 real estate”), who has not filed an application for parcelling-out within the period of application for parcelling-out, and Defendant C leases and occupies two floors among the instant 2 real estate from Defendant B, and Defendant D leases and occupies two floors among the instant 2 real estate from Defendant B.

In addition, Defendant E is the owner of the real estate listed in paragraph (4) of the attached list of real estate (hereinafter referred to as “instant four real estate”), who has not filed an application for parcelling-out within the period of application for parcelling-out.

Meanwhile, although the Plaintiff consulted with the owner to acquire the land, buildings, etc. located within the instant rearrangement project zone, but did not reach an agreement due to the lack of compensation, etc., the Plaintiff filed an application for adjudication of expropriation. The Gyeonggi-do Local Land Tribunal, on April 30, 2018, pursuant to Article 34 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), decided on June 14, 2018 to the effect that “the commencement date of expropriation (transfer) was fixed as the date of June 14, 2018 to expropriate the land within the instant rearrangement project zone and to transfer the goods, etc.” (hereinafter “instant adjudication of expropriation”). The instant adjudication of expropriation was rendered to the effect that “the land and buildings owned by the Defendant, including the instant two real estate, shall be KRW 36,69,600, and the compensation for losses for the land and buildings owned by the instant

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