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(영문) 수원지방법원안양지원 2017.10.27 2017가단106921
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B, among the first floor of the buildings listed in paragraph 2 of the annex No. 2, shall be accompanied by Appendix No. 1, 2, 3, 4.

Reasons

1. Basic facts

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 Ansan-si. 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 a housing redevelopment project on June 2, 2015, and was publicly notified of the management and disposal plan on April 22, 2016.

B. From among the buildings listed in paragraph (2) of the attached Table No. 2 in the redevelopment zone of this case, Defendant B leased and possessed part 1 of the attached Table No. 1 drawings No. 1,2, c. 3, 4 and 1 among the buildings listed in the attached Table No. 2 within the redevelopment zone of this case, from E, who is the owner of the above building and the cash clearing agent, and Defendant C is running a business on board the leased and operated a portion 80 square meters, which connects each point of 1, 2, 3, 4 and 1.

C. On June 20, 2017, the Plaintiff deposited KRW 414,612,280 for compensation for losses with depositee E as of June 20, 2017. On July 2, 2017, the Plaintiff paid KRW 53,350,00 (payment after the completion of relocation) to Defendant C Co., Ltd by July 5, 2017, and Defendant C Co., Ltd paid KRW 1-B by August 20, 2017.

On July 5, 2017, the Plaintiff agreed to deliver the real estate stated in the paragraph, and paid KRW 5,2850,000 to the account of Defendant C Co., Ltd.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Determination as to the claim against the defendant B

(a) When the approval of the management and disposal plan is publicly notified under Article 49(3) of the Urban Rearrangement Act, the former land or buildings shall be subject to paragraph (6) of the same Article.

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