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(영문) 수원지방법원 2019.03.15 2018가단519263
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

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 December 17, 2010 with the business area of 222,489 square meters in Suwon-si, Suwon-si, Suwon-si (hereinafter “instant improvement project”).

B. On June 29, 2016, the Plaintiff was authorized to implement the instant rearrangement project from the Suwon City, and was authorized to implement the management and disposal plan on August 25, 2017.

On August 25, 2017, the Suwon City announced the management and disposal plan E of the Suwon City.

C. Meanwhile, the network B (hereinafter “the network”) is a right holder holding 1/2 shares of the real estate in the attached list located within the instant rearrangement project zone, and is a cash liquidation who has not filed an application for parcelling-out within the period for application for parcelling-out.

Since then, the Deceased died after filing the instant lawsuit, and the Defendant and F inherited the Deceased.

Accordingly, upon the plaintiff's request for taking over the proceedings, the defendant and F took over the proceedings against the deceased.

The Plaintiff consulted with the Deceased, etc. to acquire the land, buildings, etc. located within the instant improvement project zone, but applied for adjudication of expropriation due to the failure to reach an agreement.

In accordance with Article 34 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects on October 1, 2018 (hereinafter “Land Compensation Act”), the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation (the fifth vehicle) on November 15, 2018, with the starting date of expropriation as of November 15, 2018.

E. According to the above acceptance ruling on November 19, 2018, the Plaintiff deposited KRW 215,835,030 as Suwon District Court No. 12251 in 2018, and KRW 215,835,030 as Suwon District Court No. 12250 in 2018 on the same day.

F. Meanwhile, on January 15, 2019, this Court rendered a ruling of recommending reconciliation with the purport that “the Plaintiff shall deliver to the Plaintiff real estate, etc. listed in the separate sheet by February 15, 2019” against the Defendant, F, etc., and the said ruling of recommending reconciliation is excluded from the Defendant.

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