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(영문) 수원지방법원안양지원 2017.10.27 2017가단102370
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant C, as stated in Section 1 of the attached Table, and Defendant C, as stated in Section 3 of the attached Table.

Reasons

1. Facts of recognition;

A. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters in the Seoul-gu Seoul Metropolitan City. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of the housing redevelopment project on June 22, 2015, and was publicly notified of the management and disposal plan on the same day.

B. The Defendants are owners of each real estate listed in the separate sheet in the redevelopment zone of this case (hereinafter “each of the buildings of this case”) and are cash clearing agents.

C. On May 15, 2017 and June 12, 2017, the Gyeonggi-do Regional Land Tribunal rendered a ruling of expropriation of each of the instant buildings, etc., and the Plaintiff deposited full amount of KRW 100,00,000 for compensation as deposited by Defendant C on June 20, 2017 according to each of the aforementioned rulings of expropriation. On July 18, 2017, Defendant B as deposited by Defendant B as deposited by the principal, and deposited full amount of KRW 76,750,00 for compensation, and KRW 105,050,00 for compensation as deposited by Defendant D as deposited by the principal, and KRW 106,10,000 for compensation as deposited by Defendant E as deposited by the principal.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 17 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval of a management and disposal plan for a redevelopment project and the announcement thereof are made, a right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure without the consent of the project operator until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act

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