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(영문) 수원지방법원안양지원 2017.10.20 2017가단102837
건물명도(인도)
Text

1. The Plaintiff, Defendant B, C, D, and E are the buildings listed in the separate sheet No. 1, and Defendant F is the first floor of the buildings listed in the separate sheet No. 1.

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. Defendant B, C, D, and E are the owners of the real estate listed in the separate sheet (hereinafter “instant building”) located within the redevelopment zone of this case, and Defendant F is the owner of the instant building, who is a cash clearing. Defendant F is the owner of the instant building by leasing and possessing the Plaintiff B, C, D, and E with the portion of 36 square meters in the ship (hereinafter “instant store”) which connects each point of the annexed sheet No. 27, 8, 9, 9, 9, 77, and 36 square meters in sequence.

C. On May 15, 2017 and June 12, 2017, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation of the instant building, etc., and on June 21, 2017, the Plaintiff deposited full amount of KRW 27,938,00 for compensation for losses with the Plaintiff as depositee, and Defendant C as compensation 1,459,458,48,480 for losses, Defendant D, and E as depositee, on June 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 20 (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 Determination of Claim for Delivery, when there is authorization and announcement of a management and disposal plan for a redevelopment project, the owner, superficies, leasee, etc. of the previous land or structure shall be the person holding the right, such as the owner, superficies, leasee, etc. of the previous land or structure without obtaining the consent of the project operator until the public announcement of relocation under

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