logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.04.21 2016가단118389
건물명도
Text

1. The Plaintiff:

A. In the case of movable transportation by Defendant limited partnership companies, buildings listed in the separate sheet shall:

B. Defendant B shall list attached hereto.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established on May 8, 2009 by obtaining authorization for the establishment on May 8, 2009 for a A-Housing Redevelopment Project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with a size of 40,431.40 square meters in Seocheon-gu, Seocheon-gu, Seocheon-si as the business area. The Plaintiff is the owner of the building indicated in the attached list within the rearrangement zone of the instant redevelopment project, and the Defendant B is the owner of the building indicated in the attached list, which is 62.9 square meters in the second floor among the buildings listed in the attached list.

B. On February 26, 2010, the Plaintiff: (a) obtained authorization to implement the instant redevelopment project from the Bupyeong-si mayor; (b) obtained authorization to alter the implementation of the relevant redevelopment project on July 25, 2013; and (c) obtained authorization to implement the relevant management and disposal plan on May 9, 2016; and (d) publicly announced the authorization to implement the relevant redevelopment project on May 16, 2016 in the official gazette.

C. On February 27, 2017, the Gyeonggi-do Regional Land Tribunal, upon the Plaintiff’s application for a ruling of expropriation, rendered a ruling of expropriation with the content that the Plaintiff expropriates the buildings listed in the separate sheet and pays the Defendants the compensation for losses (hereinafter “instant ruling of expropriation”).

On March 30, 2017, the Plaintiff deposited KRW 1,989,321,300 as compensation for losses, and KRW 775,000 as compensation for losses, with the deposited person as Defendant B, respectively, by using the deposited person as movable property.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. According to the above facts, since the management and disposal plan of the redevelopment project of this case is authorized and publicly announced, the Defendants who are the owners or lessee pursuant to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions cannot use or profit from the buildings indicated in the attached list, the Defendants are obligated to deliver each of the buildings listed in the attached list to the Plaintiff, and the Defendant B is obligated to deliver each of the two-story 62.9 square meters of the buildings listed in the attached list.

arrow