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(영문) 인천지방법원 2019.05.30 2017가단259864
건물명도(인도)
Text

1. The Plaintiff:

(a) the Selection F shall have the real property listed in Appendix 1 list:

B. The defendant (Appointed Party) B shall list the annexed sheet 5.

Reasons

1. There is no dispute between the parties to the determination on the cause of the claim, or comprehensively taking account of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1 through 4 (including each 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, and the plaintiff is subject to the approval for the establishment of a project on March 14, 2012 from the head of the Incheon Bupyeong-gu Incheon Bupyeong-gu Office on November 22, 2016, and the head of the Incheon Bupyeong-gu Office publicly announced the approval for the management and disposal plan on the same day, the defendant (appointed party), B, the designated parties, and the remaining Defendants (hereinafter referred to as the "defendants") who did not apply for each unit, and are occupying and using each of the real estate listed in the separate sheet.

According to the above facts, the Plaintiff is a project implementer for whom the approval of the management and disposal plan was 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 Defendants possess and use each real estate listed in the separate sheet in the business area. Therefore, the Defendants are obligated to deliver each real estate to

2. Judgment on the defendants' assertion

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

The obligation to compensate for losses was not fulfilled. In particular, in the process of the Incheon Metropolitan City Regional Land Expropriation Committee’s ruling on expropriation of real estate owned by the Defendant (Appointed Party) B and the designated parties, the assessment of some obstacles, such as entrances, floor packaging, etc. was omitted. Accordingly, even if there was no adjudication on expropriation of omitted obstacles, even if there was no adjudication on expropriation, this does not constitute a complete compensation, and thus, the Defendant (Appointed Party B and the designated parties) has yet to be the Plaintiff.

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