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(영문) 수원지방법원안양지원 2020.07.08 2019가단9871
건물인도
Text

1. The Plaintiff:

A. Defendant B is in each point of Attached Form 1, 2, 3, 4, 5, and 1 among the first floor of the real estate listed in Attached Form 1.

Reasons

1. Claim against Defendant C and D

A. The Plaintiff’s claim No. 1) During the Ansan-si period from the Ansan-si City, the Plaintiff’s act of maintaining and improving urban areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) using the land size of 107,767 square meters as the project implementation district.

Defendant C and D are located in the project implementation district of the above project, with the approval of the establishment of a housing redevelopment project association granted under the Act.

(b) and (c);

It is the possessor of each building described in the subsection.

Dollyang City publicly announced the authorization to implement the project on May 29, 2018 for the plaintiff, and publicly announced the authorization to implement the management and disposal plan of this case on July 29, 2019 (hereinafter "the authorization to implement the management and disposal plan of this case").

【Defendant C and D’s Disposition 1

(b) and (c);

There is a duty to deliver each building described in the subsection.

(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts;

2. Claim against the defendant B

A. Basic facts 1) The Plaintiff is a housing redevelopment project partnership that has obtained authorization to establish a project district with the area of 107,767.7 square meters of Seoul E in Ansan-si from Ansan-si, and the Plaintiff is a housing redevelopment project partnership that has obtained authorization to establish a project under the Urban Improvement Act. Defendant B is a person who occupied the portion (a) in the attached Table 2, 2, 3, 4, 5, and 1 in the order of possession of the portion (a) in the attached Table 1, among the first floor of real estate located within the said project district, and carried on the business as “F” with the trade name of “F” while occupying the portion (a) 80 square meters in the ship. 2) An Ansan-si market publicly announced the authorization to implement the project on May 29, 2018 with respect to the Plaintiff on July 29,

3) On March 9, 2020, the Gyeonggi-do Regional Land Tribunal, upon the Plaintiff’s application for the adjudication of expropriation, rendered a ruling of expropriation of the business assets of Defendant B (the date of commencement of expropriation: April 23, 2020). On April 23, 2020, the Plaintiff deposited KRW 63,450,000, which is the full amount of compensation for Defendant B under the above adjudication of expropriation (Yan District District Court Decision No. 733, Apr. 4, 2020), Defendant B received compensation for losses deposited by the Plaintiff.

[Grounds for recognition] A(1) through (2)

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