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(영문) 인천지방법원 2019.05.09 2018가단262935
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B delivers each real estate listed in the real estate list in annexed Form 1;

B. Defendant C shall be as shown in Appendix 1.

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 with the business area of 96,030.90 square meters in Michuhol-gu, Incheon.

B. The head of Michuhol-gu Incheon Metropolitan City approved the management and disposal plan on November 13, 2017, and publicly notified it on the same day.

C. Defendant B owns and occupies each real estate listed in the list of real estate in the above rearrangement project zone, and Defendant C occupies approximately 32 square meters in part (A) of the attached Table 2 among the 1st floor of the building listed in the attached Table 1’s list of real estate in the attached Table 1’s list, which connects each point of (2), 3, 4, 5, 17, 13, 14, 15, 16, and 1, and Defendant D, among the 1st floor listed in the attached Table 1’s list of real estate in the attached Table 1’s list of real estate in sequence, are 32 square meters in part (b) of the attached Table 2’s list among the 5,6,7,8, 9, 10, 11, 12, 13, 17 and 5.

Defendant B did not apply for parcelling-out within the period of application for parcelling-out designated by the Plaintiff, and the Plaintiff deposited KRW 340,65,890 in total, including land, goods compensation, and additional charges for delay, for Defendant B on September 19, 2018 according to the Incheon Metropolitan City Local Land Expropriation Committee’s ruling of expropriation on September 19, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 13, the purport of whole pleading

2. The assertion and judgment

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “Any right holder, such as the owner, superficies, leasee, and lessee of the previous land or building, shall not use or benefit from the previous land or building until the date of the public announcement of transfer under Article 86, if the approval of the management and disposal plan is publicly notified under Article 78(4).” The fact that the head of Michuhol-gu Incheon Metropolitan City publicly notified the approval of the management and disposal plan

Therefore, according to the above facts of recognition, the defendants are not obliged to do so unless there are special circumstances.

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