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(영문) 의정부지방법원 고양지원 2018.11.07 2017가단80093
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 is an association established to implement a housing redevelopment project by making the 40,404 square meters of K in Yangyang-gu, Yangyang-gu as a project implementation district. The Plaintiff was granted authorization to establish a redevelopment association on July 18, 201 from the Goyang-gu, Yangyang-gu, the authorization for the implementation of the redevelopment association on October 25, 201, the authorization for the implementation of the redevelopment association on October 25, 201, and the authorization for the management and disposal plan on August 29, 2017. The authorization was publicly announced at the time of

B. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is located within the said project implementation district, and the Defendants are the owners of each of the instant real estate and are subject to cash settlement.

C. On April 9, 2018, the following year for which the Plaintiff received a ruling of expropriation against Defendant B, C, D, F, G, H, and I:

5. 10. The above Defendants deposited the compensation for losses set forth in the adjudication of acceptance for each of the above Defendants.

The following year upon receipt of a ruling of acceptance against Defendant E and J on July 23, 2018 by the Plaintiff

8. 30. The above Defendants deposited the compensation for losses set forth in the adjudication of acceptance for each of the above Defendants.

[Reasons for Recognition] The entry of Gap 1 to 57 and the purport of the whole pleadings

2. Determination

A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54, when there has been the public announcement (referring to the public announcement of approval of the management and disposal plan) under paragraph (3): Provided, That the same shall not apply to the case of the right holder whose consent has been obtained from the project implementer or whose compensation has not been completed under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. Therefore, when the management and disposal plan is authorized and the compensation for losses has been completed due to the expropriation of land, etc., the former right to use or profit from the previous owner, etc

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