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(영문) 인천지방법원 2018.07.19 2017가단258588
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in paragraph 1 of the annexed list of real estate;

B. Defendant C and D shall provide attached real estate.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) by using the total area of 90,438 square meters in Nam-gu Incheon Metropolitan City as the business area.

B. On January 23, 2017, the Plaintiff obtained the authorization of the management and disposal plan from the head of the Nam-gu Incheon Metropolitan City, and the head of the Nam-gu Incheon Metropolitan City publicly notified

C. The Defendants, who were the Plaintiff’s members, own each real estate indicated in the separate sheet located within the pertinent project zone as indicated in paragraph (1) of the disposition of the instant improvement project. The Defendants, after authorization for the management and disposal plan of the instant improvement project, lost their status as the liquidation party, and currently possess each of the said real estate.

The Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement on compensation with Defendant C, D, E, and F, and on November 29, 2017, the date of commencement of expropriation was decided by the Land Tribunal of Incheon Metropolitan City on January 23, 2018.

E. On January 18, 2018, the Plaintiff deposited the full amount of KRW 229,262,020,461,597,060, and KRW 396,69,000, respectively, as prescribed by the above expropriation ruling by the Incheon District Court No. 820,826, and No. 828 of 2018 with Defendant C, E, and F as the principal deposit.

[Reasons for Recognition] Defendant B: The remaining Defendants of confessions: The absence of dispute, the entries in Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. The main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) regarding the cause of the claim when the authorization of the management and disposition plan is publicly notified, the owner, superficies, leaseer, etc. of the previous land or structure shall use the previous land or structure by the date of the public announcement of relocation under Article 54.

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