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(영문) 인천지방법원 2019.03.27 2018가단223916
건물명도(인도)
Text

1. The plaintiff

(a) Defendant B is the real estate listed in the Schedule No. 1;

B. Defendant C shall be listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. On March 14, 2012, the Plaintiff was authorized to establish an association on March 14, 2012 for the purpose of housing redevelopment improvement project for the housing redevelopment project for the 76,157 square meters in Bupyeong-gu Incheon Metropolitan Government (hereinafter “instant project area”); on November 22, 2016, the Plaintiff obtained the approval of the management and disposal plan for housing redevelopment project from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and was publicly notified by the same date.

B. The owners of each real estate listed in the separate sheet in the project zone of this case are eligible for cash settlement without applying for parcelling-out during the period of application for parcelling-out.

C. Defendant B occupies and uses the real estate listed in the separate sheet No. 1; Defendant C is the real estate listed in the separate sheet No. 2; Defendant D is the real estate listed in the separate sheet No. 3; and Defendant E is the real estate listed in the separate sheet No. 4.

[Ground of recognition] Defendant D: The remaining Defendants of confessions: The absence of dispute, Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and publicly announced, the owner, superficies, leaseer, etc. of the previous land or buildings may not use or profit from the previous land or buildings until the date of public announcement of transfer under Article 86 of the same Act, and the project implementer may use or benefit from the former land

As seen earlier, as long as the management and disposal plan was authorized and publicly announced, the Defendants, the occupant of each real estate indicated in the separate sheet that lost the right to use and benefit from the real estate, are obligated to deliver the same to the Plaintiff,

3. As to Defendant B’s assertion, the above Defendant asserted to the effect that the owner of real estate listed in the annexed Form 1 list possessed by the principal is subject to cash liquidation, and that the owner cannot comply with the Plaintiff’s request for extradition since the compensation for loss was not completed.

(b).

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