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(영문) 수원지방법원안산지원 2020.02.13 2019가단58745
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment No. 9] No. 9;

B. Defendant C shall provide attached real estate.

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 August 12, 2019, the Gyeonggi-do Local Land Tribunal decided the commencement date of expropriation on September 26, 2019 and rendered an adjudication of expropriation of compensation for the obstacles, etc. existing in each real estate owned by Defendant B, C,F, G, and H.

E. On September 17, 2019, the Plaintiff deposited full amount of compensation for losses arising from the said ruling of expropriation of each of the instant real estate with Defendant B, C, F, G, and H as the depositee.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 10, the purport of the whole pleadings

2. Determination as to the cause of action

A. 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, the use and profit of the right holder, such as the owner, superficies, leasee, 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,

The plaintiff's management and disposal plan concerning the improvement project of this case was authorized and publicly announced, and the fact that the plaintiff deposited all the compensation money to the defendants according to the acceptance ruling is as seen earlier. Thus, the defendants are obligated to deliver the real estate stipulated in Paragraph (1) of this Article to the plaintiff

3. Determination as to Defendant B and C’s assertion

A. Defendant B and C are dissatisfied with the result of the adjudication of acceptance by the local Land Tribunal of Gyeonggi-do.

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