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(영문) 인천지방법원부천지원 2019.02.15 2018가단114107
건물명도(인도)
Text

1. The Plaintiff, the Defendant B, and the Defendant C, as stated in paragraph 1 of the attached Table, are the buildings indicated in paragraph 2 of the attached Table.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established on May 31, 2010 by obtaining authorization for the establishment from the Busan City Mayor for the purpose of the A Housing Redevelopment Improvement Project (hereinafter “instant redevelopment Project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the area of 302,397 square meters in Seocheon-gu, Seocheon-gu, Seocheon-si M. as its business area.

B. As to the instant redevelopment project, the Plaintiff received authorization to implement the relevant redevelopment project from the Bupyeong-si mayor on February 6, 2017, and the authorization for the management and disposal plan on May 4, 2018, respectively, and publicly notified the approval for the management and disposal plan on May 4, 2018.

C. Among the underground parts of the land located in the redevelopment project improvement zone of this case, the building indicated in the attached Table No. 1, the building indicated in the attached Table No. 2, the building indicated in the attached Table No. 3, the building indicated in the attached Table No. 3, the building indicated in the Defendant G and H, the building listed in the attached Table No. 4, and the building listed in the attached Table No. 5 (hereinafter referred to as the “instant building”) by Defendant J and K, each of which is occupied by each building listed in the attached Table No. 5 (hereinafter referred to as the “attached Table”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination:

A. Since the management and disposal plan of the instant redevelopment project is authorized and publicly announced, the Defendants were unable to use or profit from the instant building pursuant to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas, the Defendants are obligated to deliver the instant building to the Plaintiff.

B. As to this, Defendant C, E, G, H, J, K et al. asserted that the instant building could not be transferred to the instant building until the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects is completed, as the de facto owner who occupied the instant building for a long time and paid the relevant public charges, etc.

However, the circumstances known by Gap evidence 6-1 and 2 and the purport of the whole pleadings, namely, the ownership of the building in the attached Tables 4 and 5, by defendant G and K.

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