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(영문) 수원지방법원안산지원 2019.11.28 2019가단55104
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) real estate listed in [Attachment A] No. 1;

B. Defendant C is listed in [Attachment 2] list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 162,616 m2,00 m2 as Blue-si.

B. On November 9, 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 indicated in paragraph (1) of this case (hereinafter “each of the instant real estate”) as the owner or lessee of each part within the instant rearrangement project zone.

On March 11, 2019, the Gyeonggi-do Local Land Tribunal decided on the commencement date of expropriation on April 25, 2019, and decided on the expropriation of losses for obstacles, etc. existing in each of the instant real estate possessed by Defendant B and C. On May 13, 2019, it decided on the commencement date of expropriation as June 27, 2019 and decided on the expropriation of losses for obstacles, etc. existing in each of the instant real estate possessed by Defendant E, F, G, and H.

E. On April 9, 2019, the Plaintiff: (a) deposited Defendant F, G, and H as a deposited person; (b) deposited the full amount of compensation for losses arising from the said expropriation ruling regarding each of the instant real estate on June 14, 2019; and (c) on June 12, 2019, Defendant E received compensation for losses due to the said expropriation ruling.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 11, the purport of the whole pleadings

2. When a management and disposal plan prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is authorized and announced as to the cause of the claim, the use and profit of the right holder, such as the owner, superficies, person holding the right to lease on the previous land or building, and the lessee, etc. is suspended, and the project implementer is able to use and profit from the former (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The Plaintiff’s management and disposal plan regarding the instant rearrangement project was authorized and announced publicly, and the

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