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(영문) 수원지방법원 안산지원 2021.01.27 2020가단76268
건물인도
Text

1. The Plaintiff:

(a) Defendant B: (a) the real estate listed in Appendix 1;

B. Defendant C shall have the real estate set out in Appendix 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) with the size of 90,772 square meters per day in Gwangju-si, E as a project implementation zone.

B. On January 28, 2020, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on the same day.

(c)

Defendant B is running a business by occupying the real estate listed in the separate sheet No. 1, the real estate listed in the separate sheet No. 4, the real estate listed in the separate sheet No. 5, and the real estate listed in the separate sheet No. 5 (hereinafter “each real estate of this case”).

(d)

The Gyeonggi-do Local Land Expropriation Committee set the commencement date of expropriation on October 7, 2020 as the date of November 20, 2020 and made an adjudication on the acceptance of compensation for losses on each of the real estate of the Defendants (hereinafter referred to as the "adjudication on expropriation of this case").

On November 10, 2020, the Plaintiff deposited the full amount of compensation for losses due to the above adjudication by designating Defendant C and D as each person under deposit. On October 30, 2020, the Plaintiff paid the full amount of compensation for losses due to the above adjudication to Defendant B.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 15 (including various numbers, if any) and the purport of the whole pleadings

2. When a management and disposal plan prescribed in the Urban Planning and Rearrangement Act regarding the cause of a claim is authorized and publicly notified, the use and profit of the right holder, such as the owner of the former land or building and the person holding the superficies on the right to lease on a deposit basis, is suspended, and the project implementer is allowed to use and profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010, etc.). The Plaintiff’s public notice of the management and disposal plan regarding the instant rearrangement project is identical as seen earlier, and the Plaintiff’s each of the instant real estate located within

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