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(영문) 의정부지방법원 2020.04.10 2019가단138214
건물인도
Text

1.For the plaintiff: (a)

Defendant B shall have the real estate listed in the attached Table 1 list, B.

Defendant C shall provide the real estate listed in the attached Table 2, C.

Reasons

1. Facts of recognition;

A. In order to implement a housing redevelopment improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is an association that obtained approval for the establishment of an association from the government market on February 10, 201 in order to implement the housing redevelopment improvement project (hereinafter “instant project”) using the Dong Government-si E-won 32,509 square meters as the project implementation district.

B. The Defendants were owners of each real estate listed in the separate sheet in the above project zone (hereinafter “each real estate of this case”) (Defendant B shall own the real estate listed in the separate sheet No. 1, Defendant C shall own the real estate listed in the separate sheet No. 2, Defendant D shall own the real estate listed in the separate sheet No. 3, and Defendant D shall file an application for parcelling-out within the period for parcelling-out, and they are currently possessing and using the above real estate.

C. The Plaintiff obtained authorization of the management and disposition plan from the Gu government market on April 19, 2019, and the Gu government market on the same day notified the management and disposition plan.

The plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Gyeonggi-do, which did not consult with the person subject to cash settlement, and on January 13, 2020, the above committee decided to accept each real estate of this case as of February 27, 2020 from the date of expropriation.

E. On February 26, 2020, the Plaintiff deposited each of the compensation money stipulated in the above ruling against the Defendants.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 14 (including branch numbers in the case of additional number), the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, when a public notice of an administrative disposition plan is given pursuant to Article 78(4), a right holder, such as the owner of the previous land or structure, shall not use or benefit from the previous land or structure until the public notice of transfer is given pursuant to Article 86 of the Act.

The above-mentioned legal principles are legal principles.

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