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(영문) 수원지방법원 2019.12.18 2019가단540974
건물명도(인도)
Text

1. The Defendants’ real estate indicated in Section B, “A indicating the real estate to be delivered to each of the Defendant” in the attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization for establishment for the purpose of the housing redevelopment and rearrangement project (hereinafter “instant project”) in Suwon-si, Suwon-si.

B. On June 8, 2018, the management and disposal plan and the notice were issued for the instant project.

C. The Defendants occupy each real estate indicated in Section B of the “Indication of Real Estate to be delivered to each Defendant” in the attached Table located within the instant business zone as the owner.

After receiving the ruling of acceptance from the Gyeonggi-do Local Land Tribunal (date of ruling, September 23, 2019; November 7, 2019, the date of commencement of expropriation), the Plaintiff deposited full compensation for the Defendants under the above ruling of acceptance.

【Defendant F based on Recognition】 Each entry and the purport of the entire pleadings as to a confession (Article 150(3) and (1) of the Civil Procedure Act) by Defendant B, D, E, G, H, I: No dispute, Gap’s evidence Nos. 1 through 6, 8, 9, and 10 (including the serial number)

2. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “When the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure by the date of public announcement of relocation under

According to the above facts, the use and profit-making of the Defendants’ pertinent real estate is suspended in accordance with the public notice of the approval plan for the management and disposal plan for the instant project. Since the Plaintiff could use and profit-making from the real estate as the project implementer, the Defendants are obligated to deliver the pertinent real estate to the Plaintiff

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

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