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(영문) 인천지방법원 2019.05.30 2018가단248465
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the attached Table 2 list.

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

3...

Reasons

1. There is no dispute between the parties to the judgment on the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in each statement of Gap evidence Nos. 1 through 5 (including a provisional number; hereinafter the same shall apply), the plaintiff is a housing redevelopment project partnership which has obtained authorization for the establishment of a project on March 14, 2012; the plaintiff is subject to an approval for the establishment of a project on November 22, 2016 from the head of Bupyeong-gu Incheon Bupyeong-gu Office; the head of Incheon Bupyeong-gu Office publicly announced the approval for the management plan on the same day; the defendant is the owner who did not apply for the sale; and the defendant is occupying and using the real estate listed in the separate sheet No. 2 as the owner who did not apply for the sale.

According to the above facts, the plaintiff is a project implementer for whom the approval of the management and disposal plan has been publicly announced pursuant to the provisions related to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the defendant occupies and uses the real estate listed in the attached Table 2 list in the project area, and thus the defendant is obligated

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff’s assertion is the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).

(3) The Plaintiff did not perform the obligation to compensate for losses under the separate sheet No. 2, and in particular, the Plaintiff did not perform the obligation to deliver the real estate listed in the separate sheet No. 2 list No. 2 list No. 2 to the Plaintiff, even if the Plaintiff did not perform the obligation to compensate for losses, and the Plaintiff did not perform the obligation to deliver the real estate listed in the separate sheet No. 2 list No. 2 list No. 2 list No. 2.

(2) The Defendant did not receive any relocation expenses, resettlement funds, and compensation for loss of directors.

(c).

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