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(영문) 수원지방법원 2019.05.15 2018가합14345 (2)
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

1. Facts of recognition;

A. The Plaintiff was established for the purpose of housing redevelopment and rearrangement project with the housing redevelopment project area of 171,537 square meters in Suwon-si, Suwon-si, which was established for the purpose of housing redevelopment and rearrangement project, and obtained authorization for the establishment of a housing redevelopment and rearrangement project association on January 6, 2010.

B. On December 11, 2015, the Plaintiff was granted project implementation authorization from the water supply market, and was publicly notified on March 23, 2017 of the authorization for the management and disposal plan (F).

C. Each real estate listed in the separate sheet is located within the project implementation district, and the defendants have occupied the above real estate as the owner or tenant of each pertinent real estate listed in the separate sheet.

After receiving the ruling of expropriation from the local Land Tribunal of Gyeonggi-do, the Plaintiff deposited the full amount of compensation for losses under the above ruling of expropriation with Defendant B, D, etc. as the depositee.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 22 evidence (including each number, if any) and the purport of the whole pleadings

2. The Defendants asserted by the Plaintiff are obligated to deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff, who acquired the right to occupy and use the land or buildings within the project district after the public notice of the management and disposal plan pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14113, Mar. 29, 2016; hereinafter “former Act

3. The main text of Article 49(6) of the former Act provides, “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, and lessee of the previous land or structure, shall not use or benefit from the previous land or structure by the date of the public announcement of transfer under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, the use or benefit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or structure

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