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(영문) 수원지방법원안산지원 2019.08.30 2018가단19521
건물명도
Text

1. The Plaintiff:

A. Defendant B indicated in the attached Form 2 List No. 1, 2, 3, 4, 5, 6.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that obtained authorization to establish a housing redevelopment and rearrangement project (hereinafter “instant project”) on April 14, 2010, in order to implement a housing redevelopment and rearrangement project with the area of 55,956 square meters in Gwangju-si JJ as its business area (hereinafter “instant project”).

B. On June 21, 2018, the Lighting Market approved and publicly notified the Plaintiff’s management and disposal plan.

C. The Defendants occupy each part of the real estate stipulated in Paragraph (1) of this Article (hereinafter “each of the instant real estate”) as the owner or lessee of each part within the instant business zone.

On May 13, 2019, the Gyeonggi-do Local Land Tribunal decided on June 27, 2019 as the date of expropriation, and sentenced to the expropriation of compensation for obstacles, etc. existing in each real estate of this case. On June 17, 2019 (Provided, That in cases of Defendant E, June 10, 2019), the Plaintiff deposited the full amount of compensation for losses due to the above expropriation ruling on each real estate of this case as depositee.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-5 (including virtual number), and the purport of the whole pleadings

2. The assertion and judgment

A. When a management and disposal plan prescribed in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is authorized and publicly announced as to the cause of the claim, the use and profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The Plaintiff’s management and disposal plan regarding the rearrangement project was authorized and publicly announced, and the Plaintiff’s entire deposit of compensation against the Defendants pursuant to the adjudication of expropriation is as seen earlier. Therefore, the Defendants are obligated to deliver

B. Determination 1 on the assertion by Defendant E, H, and I is based on the amount of recognition and calculation of the adjudication of acceptance.

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