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(영문) 수원지방법원 2019.02.15 2018가단515285
건물명도(인도)
Text

1. The Defendants shall deliver each of the buildings listed in the attached Table No. 5 to the Plaintiff.

2. The costs of lawsuit shall be.

Reasons

1. Determination as to the claim against Defendant C

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment based on the recommendation of confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the defendant B

A. 1) The Plaintiff is a Housing Redevelopment Development and Improvement Project Association established with the area of the project of the project of the Suwon-si, Suwon-si D 171,652 square meters. 2) The Plaintiff obtained authorization from the Suwon-si, the establishment of the association on January 6, 2010, the authorization of the project implementation plan on December 11, 2015, the authorization of the management and disposal plan on March 23, 2017, and the head of the Suwon-si announced the management and disposal plan approved on March 27, 2017.

3) Defendant B, as the owner of the real estate listed in the attached Table No. 5 of the project implementation district, failed to apply for a parcelling-out to the Plaintiff and became an object of cash settlement. 4) The Plaintiff applied for a ruling of expropriation as the Plaintiff did not reach an agreement with the Defendant B, who is the object of cash settlement. The Gyeonggi-do Regional Land Expropriation Committee deposited KRW 273,098,650 on October 1, 2018 pursuant to Article 34 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”). The Plaintiff deposited KRW 273,098,650 on November 7, 2018 with Defendant B as the object of cash settlement.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including the number of each branch), the purport of the whole pleadings

B. Determination as to the cause of the claim 1) The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 1, 199)

Article 49 (3) provides that "the head of a Si/Gun shall, when he/she approves a management and disposal plan under paragraph (2), announce the details thereof in the official bulletin of the relevant local government," and Article 49 (6) provides that "the public announcement under paragraph (3) is made."

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