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(영문) 수원지방법원 안산지원 2021.01.13 2020가단76374
건물인도
Text

1. The Plaintiff:

(a) Defendant B: (a) the real estate set out in the annex No. 1;

B. Defendant C is written in the Appendix No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) with the size of 90,772 square meters per day in Gwangju-si, E as a project implementation zone.

B. On January 28, 2020, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on the same day.

(c)

Defendant B owns and occupies the real estate listed in the separate sheet No. 1, the real estate listed in the separate sheet No. 2, the real estate listed in the separate sheet No. 3, and the real estate listed in the separate sheet No. 3 (hereinafter “each real estate of this case”).

(d)

The Gyeonggi-do Local Land Expropriation Committee set the commencement date of expropriation on October 7, 2020 as the date of November 20, 2020, and decided to expropriate the Defendants’ compensation for losses arising from each of the instant real estate. On November 10, 2020, the Plaintiff deposited the compensation for losses arising from the above expropriation with Defendant B and D as the depositee, respectively, and on November 20, 2020, paid the compensation for losses arising from the above expropriation to Defendant C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including various numbers if there are several numbers) and the purport of the whole pleadings

2. When a management and disposal plan prescribed in the Act on the Non-Act on the Prevention of Claims is authorized and publicly announced as to the cause of claims, the use and profit of the right holder, such as the owner of the previous land or building and the lessee of the superficies, shall be suspended, and the project implementer may use and profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010, etc.). The Plaintiff’s public announcement of the management and disposal plan regarding the instant rearrangement project is identical as seen earlier, and the Plaintiff shall acquire the right to benefit from each of the instant real estate located within the instant rearrangement

Therefore, there are no special circumstances.

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