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(영문) 인천지방법원 2019.04.24 2018가단221620
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B is the real estate listed in the separate sheet No. 2;

B. Defendant C shall set out in the separate sheet.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and consolidation project association established for the purpose of improving the urban and residential environment and improving the quality of residential life of its members by removing buildings within the area of 129,599m2 in the Michuhol-gu Incheon Metropolitan City (hereinafter “instant project zone”) and constructing new buildings on the site.

B. Each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is located in the business area of this case.

Defendant B: (a) the real estate indicated in the separate sheet No. 2; (b) the Defendant C was the real estate listed in the separate sheet No. 3; (c) the Defendant D was the real estate listed in the attached sheet No. 4; (d) the Defendant E was the real estate listed in the attached sheet No. 5; (c) the Defendant F was the real estate listed in the attached sheet No. 7; (d) the Defendant G was the real estate listed in the attached sheet No. 8; (e) the Defendant H was the real estate listed in the attached sheet No. 9; (c) the real estate listed in the attached sheet No. 10; and (d) the Defendant J was the person subject to cash settlement

C. The Plaintiff established a management and disposal plan concerning A-Housing Redevelopment Improvement Project implemented within the instant project zone and applied for authorization to the head of Michuhol-gu Incheon Metropolitan City.

Accordingly, the head of Michuhol-gu Incheon Metropolitan City approved the management and disposal plan on June 19, 2017, and publicly notified it on the same day (hereinafter referred to as the "public notice of this case").

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Assertion and determination

A. (1) At the time of the instant public notice under the main sentence of Article 81(1) of the Act, the former Act on the Maintenance and Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017) shall apply to the cause of the claim before being enforced from February 9, 2018, but the amended Act on the Maintenance and Improvement of Urban Areas.

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