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(영문) 수원지방법원 안양지원 2021.03.19 2020가합104120
부동산인도 등
Text

1. The Plaintiff, Defendant B, each of the real estate listed in the separate sheet Nos. 1 and 2, and Defendant C, the same list Nos. 3 and 3.

Reasons

1. Basic facts

A. During Ansan-si, the Plaintiff was authorized to establish an association on October 30, 2014 as a housing redevelopment and improvement project partnership implementing a housing redevelopment and improvement project (hereinafter “maintenance project in this case”) with the housing redevelopment and improvement project zone covering the Gu D D branch (hereinafter “instant rearrangement project”), and was publicly notified on March 26, 2019 as authorization for a project implementation plan on March 26, 2019; and on March 4, 2020, respectively.

B. The Defendants, as the owners and occupants of each real estate listed in the separate sheet in the execution zone of the instant improvement project, failed to apply for parcelling-out within the period of application for parcelling-out set by the Plaintiff, became the subject of cash settlement following the completion date of

(c)

The Plaintiff filed an application for adjudication on expropriation with the Gyeonggi-do Local Land Expropriation Committee on October 12, 2020, when the agreement on compensation for losses was reached against the Defendants, and the said Committee made a ruling on expropriation on November 26, 2020.

(d)

On November 17, 2020, the Plaintiff deposited KRW 2,331,546,50 as compensation for losses to Defendant B, and KRW 1,203,556,590 as compensation for losses with Defendant C’s fiduciary title on November 19, 2020.

[Ground of recognition] Defendant B: The facts which are deemed as confession (Article 150(3) and (1) of the Civil Procedure Act) Defendant C: The non-contentious facts; Gap evidence No. 1, No. 2-3, No. 4, Gap evidence No. 4, 5, 6, 8, 9, and 10 (including any number), each of the entries and changes in the evidence No. 1, No. 2-3, No. 4, 5, 6, 8, 9, and 10

2. Determination

A. When a notice of a management and disposal plan is given under Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Areas and Dwelling Conditions Act”), the use and profit of the right holder, such as the owner and lessee of the previous land or buildings, shall be suspended pursuant to Article 81(1) of the same Act, and the project implementer may use and benefit from the former project (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010).

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