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(영문) 의정부지방법원 고양지원 2018.11.14 2017가단80116
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff each of the relevant real estate listed in the separate sheet.

2. The costs of lawsuit shall be individually counted.

Reasons

1. The Plaintiff, on July 18, 201, was a housing redevelopment and rearrangement project association that obtained authorization for establishment on July 18, 201 from the ancientyang-gu Seoul Metropolitan City as a project implementation district with the area of 40,404 square meters located in Goyang-gu I, Yangyang-si, and the Goyang-si market approved and publicly notified the implementation of the housing redevelopment and rearrangement project around October 2016.

The Defendants were the owners of each of the relevant real estate listed in the attached list located in the project implementation district, and became the object of cash settlement because they failed to apply for parcelling-out according to the Plaintiff’s project implementation plan. On August 29, 2017, the Goyang market approved and publicly notified the Plaintiff’s management and disposal plan.

The Plaintiff filed an application for adjudication of expropriation with the Gyeonggi-do Regional Land Tribunal, which did not consult with the Defendants on the compensation for losses, and the Gyeonggi-do Regional Land Tribunal decided the compensation for the Defendants on April 9, 2018, respectively, and decided the commencement date of expropriation on May 24, 2018.

Accordingly, on May 8, 2018, the Plaintiff deposited each of the Defendants’ respective compensation against Defendant D on August 6, 2018.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 49 evidence, purport of the whole pleadings

2. 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. 8, 2017) provides that “When the authorization of a management and disposal plan is publicly announced, no right holder, such as the owner, superficies, person having a right to the previous land or structure, shall use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54: Provided, That this shall not apply to the case of a right holder whose consent is obtained from a project operator or whose compensation is not completed under Article 40 or the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.” Thus, the public

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