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(영문) 인천지방법원 2019.07.10 2017가단258045
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of lawsuit shall be borne by each person;

5...

Reasons

1. Facts of recognition;

A. On March 14, 2012, the Plaintiff was authorized to establish an association on March 14, 2012 for the purpose of housing redevelopment improvement project for the Bupyeong-gu Incheon Bupyeong-gu Seoul Metropolitan Government 76,157 square meters (hereinafter “instant project area”); on November 22, 2016, the Plaintiff received an approval for the management and disposal plan for housing redevelopment project from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, which was publicly announced by the same date.

B. The Defendant is the owner of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”), and is a person subject to cash liquidation who has not filed an application for parcelling-out during the period of application for parcelling-out.

C. On July 11, 2018, the Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee. On September 4, 2018, the Land Tribunal decided to expropriate the instant real estate as compensation for losses, KRW 273,328,120, and the date of commencement of expropriation on September 4, 2018. On November 16, 2018, the Plaintiff decided to expropriate the instant real estate as compensation for losses, KRW 87,89,570, and the date of commencement of expropriation on December 26, 2018.

On August 29, 2018, the Plaintiff deposited the total amount of land compensation under the ruling by the Incheon District Court (Seoul District Court) No. 9693 on August 29, 2018, and the total amount of land compensation under the ruling by the Incheon District Court (Seoul District Court) No. 14507 on December 19, 2018, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 3, Gap evidence 4-1, Gap evidence 6, 7, the purport of the whole pleadings

2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner of a previous parcel of land or structure, shall not use or profit from the previous parcel of land or structure until the date of public announcement of transfer under Article 86 of the same Act, and a project

As seen earlier, the management and disposal plan is authorized and publicly announced.

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