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(영문) 인천지방법원 2018.01.26 2017가단220255
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff was established for the purpose of removing buildings within the project implementation district of Gyeyang-gu Incheon Metropolitan City 89,271 square meters and constructing new buildings on the relevant site. On June 26, 2009, the Plaintiff obtained authorization for the establishment of a partnership from the head of Gyeyang-gu Incheon Metropolitan City on November 11, 2016 from the head of Gyeyang-gu, and obtained authorization for the management and disposition plan for A Housing Redevelopment Improvement Project (hereinafter in this case) on November 18, 2016 from the head of Gyeyang-gu, and the head of Gyeyang-gu publicly notified the details of the above management and disposition plan.

B. The Defendant is the owner of the building indicated in the separate sheet located within the execution zone of the instant project (hereinafter “instant building”).

C. On May 12, 2017, the Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee of Incheon Metropolitan City on July 14, 2017, and received the adjudication of expropriation as of September 7, 2017. On August 25, 2017, the Plaintiff deposited the full amount of KRW 227,297,680, as of August 25, 2017, by designating the Defendant as the depositee, the Incheon District Court deposited the full amount of KRW 227,297,680 as stipulated in the said adjudication.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, 6 through 10 (including paper numbers)

2. Determination

(a) Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, leaser, etc. shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78 (4): Provided, That the same shall not apply to cases where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed,” while Article 65 of the Act provides that “the expropriation or use of the ownership and other rights of the land or building for the implementation of a rearrangement project in the rearrangement zone” shall be governed by this Act.

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