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(영문) 수원지방법원 2018.11.29 2018가단515155
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

Facts of recognition

The plaintiff is a housing redevelopment and consolidation project association that has been established with the total area of 171,652m2 in Suwon-si, Suwon-si as a project implementation district.

The Plaintiff was authorized to establish an association on January 6, 2010 from the Suwon Market; the authorization to implement the project on December 11, 2015; and the authorization to implement the management and disposal plan on March 23, 2017 (hereinafter “the authorization to implement the management and disposal plan of this case”); and the authorization to implement the management and disposal plan of this case was publicly notified on March 27, 2017.

The defendant is the owner of the real estate listed in the attached list in the project implementation district (hereinafter referred to as the "real estate of this case") and became an object of cash settlement because the plaintiff did not apply for parcelling-out in the public notice.

With respect to the instant real estate, the Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Expropriation Committee under the Act on Acquisition of and Compensation for Land for Public Works Projects (hereinafter “Land Compensation Act”). On April 30, 2018, the said Land Expropriation Committee decided on the commencement date of expropriation as of June 14, 2018 and rendered adjudication of expropriation of the instant real estate.

On June 7, 2018, the Plaintiff deposited the expropriation compensation of KRW 329,915,80 against the Defendant with Suwon District Court Decision 2018,5695, which was paid by the Defendant.

[Ground of recognition] Article 49 (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 9, 2018; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) shall not use or benefit from the previous land or buildings until the date of the public announcement of relocation under Article 54, when the management and disposal plan is authorized and publicly notified. However, this shall not apply to the case where the owner of a right, such as the owner of a previous land or building, or the lessee, etc., obtains the consent of the project operator or the compensation for losses under Article 40 and the Public Works Act, is not completed.

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