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(영문) 인천지방법원 부천지원 2017.01.13 2016가단6660
건물인도
Text

1. The defendant's points out of the real estate stated in the separate sheet to the plaintiff are as follows: ①, ②, ③, ④, and ①.

Reasons

1. Following the facts of recognition can be acknowledged in full view of the following facts: there is no dispute between the parties; or the purport of Gap evidence Nos. 1 to 9 and the whole arguments.

The Plaintiff is a cooperative established on July 24, 2009 by obtaining authorization for the establishment on July 24, 2009 for a housing redevelopment improvement project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendant owned buildings and their sites in the attached list within the rearrangement zone of the instant redevelopment project and indicated on the attached list among real estate indicated in the attached list: (1), (2), (3), (4), and (2) the part on the ship connected in order to each point (hereinafter “instant real estate”).

B. On February 9, 2015, the Plaintiff: (a) obtained the authorization to implement the instant redevelopment project from the Bupyeong-gu mayor; (b) obtained the authorization to implement the relevant redevelopment project on December 30, 2015; and (c) publicly announced the authorization to implement the relevant redevelopment project on December 30, 2015; and (d) on December 30, 2015

C. On August 29, 2016, the Gyeonggi-do Regional Land Tribunal, upon the Plaintiff’s application for adjudication of expropriation, determined KRW 71,490,60 as to the buildings and their obstacles as indicated in the separate sheet, and decided to expropriate KRW 484,06,50 as compensation for the site.

On October 11, 2016, the Plaintiff deposited KRW 555,557,100 in total of the above compensation, and completed each registration of additional branch court of Incheon District Court on October 13, 2016 and each registration of transfer of ownership as of October 19, 2016 on the building and its site stated in the separate sheet.

2. According to these facts, the Defendant, the owner of the instant redevelopment project, pursuant to the main sentence of Article 49(6) of the Urban Improvement Act, by approving and publicly announcing the management and disposal plan of the instant redevelopment project filed by the Plaintiff on December 30, 2015.

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