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(영문) 수원지방법원안양지원 2017.10.27 2017가단102912
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant C, and D, are the buildings listed in [Attachment List No. 1], and the buildings listed in Annex No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269.3 square meters in Ansan-si, Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 22, 2015, and was publicly notified of the management and disposal plan on April 22, 2016.

B. The Defendants are owners of each real estate listed in the separate sheet in the redevelopment zone of this case (hereinafter “each of the buildings of this case”) and are cash clearing agents.

C. On May 15, 2017 and June 12, 2017, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation of each of the instant buildings, etc. (hereinafter “instant ruling of expropriation”), and the Plaintiff deposited full amount of compensation KRW 572,479,180 for the Defendant B as the depositee on June 21, 2017 according to each of the above rulings of expropriation (i.e., land compensation amounting to KRW 443,583,60 for the building compensation amounting to KRW 116,017,100 for the building compensation amounting to KRW 12,878,48,480 for late 116,017, additional dues amounting to KRW 12,50,00 for each compensation amounting to KRW 79,250,000 for the Defendant C and D as the depositee, and KRW 161,50,000 for each compensation amounting to KRW 50,5050.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan for a redevelopment project is authorized and publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure without the consent of the project operator until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance

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