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(영문) 인천지방법원 2019.07.04 2019가단208877
건물명도(인도)
Text

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

2. The costs of lawsuit shall be borne by the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant improvement project”) by making the daily members of Gyeyang-gu Incheon Metropolitan City 122,413 square meters as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On March 30, 2009, the Plaintiff completed the registration of incorporation on April 1, 2009 with authorization from the head of Gyeyang-gu Incheon Metropolitan City.

The head of Gyeyang-gu in Incheon shall approve the management and disposition plan on October 19, 2018, and publicly notify it on the same day.

B. The Defendant is a person who was the owner of the real estate listed in the attached list of real estate in the project zone of the instant rearrangement project (hereinafter “instant real estate”), and occupies the said real estate as of the date of closing argument of the instant case.

C. The Defendant did not join the Plaintiff Union, and did not reach an agreement on compensation for losses between the Plaintiff and the Defendant.

The Plaintiff filed an application for adjudication of expropriation with the Incheon Metropolitan City Regional Land Expropriation Committee, and the said Committee rendered a ruling of expropriation of the instant real estate on November 28, 2018, and on January 22, 2019, the Plaintiff deposited the adjudication money, etc. on the instant real estate.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 9 (including each number in case of additional number) and the purport of whole pleading

2. The main sentence of Article 81(1) of the Act on the Determination of Grounds for Claims provides that "the owners, persons with superficies, persons with right to lease, lease, lease, etc. of the previous land or buildings shall not use the previous land or buildings or benefit therefrom until the date of public announcement of transfer under Article 86, if the approval of the management and disposal plan is publicly notified under Article 78(4)." Article 81(2) provides that "the project implementer shall remove the existing buildings after receiving the approval of the management and disposal plan under Article 74(1)." In accordance with each of the above provisions, the former provisions provide that "

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