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(영문) 수원지방법원안양지원 2017.12.20 2017가단102127
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B shall have one story of 60.33 square meters and two stories of 54.21 square meters among the buildings listed in paragraph (1) of the attached Table attached hereto;

(b) the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is, during Ansan-si, the Housing Redevelopment Development and Improvement Project Cooperatives (hereinafter “Urban Improvement Act”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project on the scale of 185,269 square meters of the Gu Do Do Do 185,269.

B. On June 2, 2015, the Plaintiff obtained authorization for the implementation of a housing redevelopment project (hereinafter “instant redevelopment project”) from the Ansan market, and announced the same date. On April 22, 2016, the Plaintiff publicly announced the management and disposal plan on the same day after receiving the authorization for the management and disposal plan.

C. Defendant B owned the real estate listed in paragraph (1) of the attached list, and Defendant C owned the real estate listed in Paragraph (2) of the attached list and operated a restaurant. The Defendants did not apply for parcelling-out to the Plaintiff within the period of application for parcelling-out.

On January 2017, the Plaintiff filed an application for adjudication of expropriation to compensate for losses with the Gyeonggi-do Local Land Tribunal, and on May 15, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation to the Defendants, etc. on June 29, 2017.

Accordingly, on June 22, 2017, the Plaintiff deposited KRW 311,858,630 as compensation for expropriation for Defendant B, and KRW 637,725,560 as compensation for expropriation for Defendant C on June 28, 2017.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 8, 11 to 13, and 15 (including provisional numbers), the purport of the whole pleadings

2. When a public notice of a management and disposal plan under Article 49(3) of the Act on the Determination of Grounds for Claim is given, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 1992; Supreme Court Decision 2009Da53635, May 27, 2010).

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