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(영문) 인천지방법원 2017.05.23 2016가단242999
건물명도
Text

1. The Defendants constitute each Defendant listed in attached Form B, “A mark of the real estate to be delivered to each Defendant.”

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that has obtained approval for the establishment of an association on December 16, 2009 under Article 16 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Defendants, as the owners (Defendant B, D, E, F) or lessees (Defendant C, G, and H) of each of the instant real estate indicated in the “Indication of the real estate to be delivered to each of the Defendant” (hereinafter “each of the instant real estate”).

C. The Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City, the head of Bupyeong-gu to implement the project on August 22, 201, and the approval of the management and disposal plan on February 29, 2016, and was publicly notified on the same day.

The Plaintiff filed an application for adjudication of expropriation with the competent regional Land Tribunal of Incheon Metropolitan City, and the said Land Tribunal decided to expropriate Defendant D on October 25, 2016 by setting the commencement date of expropriation as December 14, 2016, and decided to expropriate Defendant B, E, and F on December 1, 2016. The commencement date of expropriation was set as January 25, 2017 and rendered a ruling of expropriation.

E. On December 12, 2016, the Plaintiff deposited the amount of compensation determined by the above confinement ruling with Defendant D as the deposited person, and on January 23, 2017, deposited the deposited person as Defendant B, E, and F with the said confinement ruling.

【Defendant B, D, E, and F, without any dispute over the facts of lack of dispute, Gap evidence 1-1 through 3, Gap evidence 2, 3, Gap evidence 4-1, 3, 4, 5, Gap evidence 5-1 through 3, Gap evidence 6, Gap evidence 7-1, 2, and 8-1 through 4, Gap evidence 7-1, 8-9, defendant C, G, and H: The whole purport of the pleadings, and the whole purport of the pleadings (Article 208(3)2 of the Civil Procedure Act).

2. Determination

A. Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents is publicly notified of the authorized management and disposal plan, the right holder, etc. of the previous land or structure shall be the previous land and structure until the date of public notification of relocation under Article 54.

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