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(영문) 인천지방법원 2019.06.27 2018가단236141
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall set out in attached list 2.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the plaintiff is the Housing Redevelopment and Development Project Association approved on Oct. 4, 2010 after having the project implementation district changed the area of 129,323 square meters (including each real estate recorded in the attached list, and the area of the area is changed to 129,599 square meters) of Lunwon in Michuhol-gu Incheon, Michuhol-gu as the project implementation district. The plaintiff was subject to the authorization of the establishment on Oct. 4, 2010 by the head of Michuhol-gu Incheon (the head of Michuhol-gu, Incheon) on Jun. 19, 2017; the head of Michuhol-gu, Incheon; the tenant of the real estate listed in attached Table No. 10; the remaining defendants except the defendant K occupy each real estate indicated in the attached list as the owner

According to the above facts, the plaintiff is a project implementer for whom the approval of the management and disposal plan has been publicly announced pursuant to the provisions related to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the defendants occupy and use each real estate listed in the separate sheet in the business area. Therefore, the defendants are obligated to deliver the above real

2. Judgment on the defendants' assertion

A. Defendant B, C, F, G, H, I, and J claimed for the withdrawal of deception and application for parcelling-out were applied for parcelling-out by the Plaintiff’s deception. Since the Plaintiff was changed to a cash liquidation after filing an application for parcelling-out with the Plaintiff, the Plaintiff’s request for extradition cannot be complied with before receiving compensation for losses.

According to Article 47 subparagraph 2 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11293, Feb. 1, 2012; hereinafter “Urban Improvement Act”), a project implementer for a housing redevelopment improvement project shall be the project implementer.

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