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(영문) 수원지방법원 2019.02.15 2018가합14253
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

1. Basic facts

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established for the purpose of the Housing Redevelopment and Improvement Act for Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14943, Oct. 24, 2017; hereinafter “former Urban Improvement Act”) and the Housing Redevelopment and Improvement Project Association established for the purpose of the Housing Redevelopment and Improvement Act whose project implementation district consists of 171,537 square meters and which was approved by the Suwon-si Si on January 12, 2010, as prescribed by the articles of incorporation.

B. Pursuant to Article 28(1) of the former Act, the Plaintiff received authorization to implement the project from the Suwon Market on December 11, 2015, and on March 23, 2017, received public notice of the approval to implement the management and disposal plan (the notice L) under Article 48(1) of the former Act.

C. Each real estate listed in the separate sheet is located within the project implementation district, and the defendants have occupied the above real estate as the owner or tenant of each pertinent real estate listed in the separate sheet.

After receiving the ruling of expropriation from the local Land Tribunal of Gyeonggi-do, the Plaintiff deposited full amount of compensation for losses as prescribed by the above ruling of expropriation with the respective deposits of Defendants B, C, D, H, I, and J.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 24 evidence (including each number, if any) and the purport of the whole pleadings

2. Under Article 49(6) of the former Act, the Defendants asserted that they have the right to possess and use the land or buildings within the project implementation district after the public notice of the management and disposal plan is obligated to deliver each of the pertinent real estate listed in the attached Table to the Plaintiff.

3. Determination

A. The main text of Article 49(6) of the former Act on the Determination of Grounds for Claims provides that “When the authorization of a management and disposition plan is publicly announced, the owners, persons with superficies, persons with right to lease, lease holders, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54.”

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