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(영문) 의정부지방법원고양지원 2019.10.18 2018가단97135
건물명도(인도)
Text

1. The plaintiff

A. Defendant B:

1. A building to be entered;

B. Defendant C and D shall attached Form

1. The underground floor of a building to be entered;

Reasons

1. As to Defendant B

A. Fact 1) The Plaintiff is an association established for the purpose of housing redevelopment improvement project by making the total area of 58,393 square meters in Gyeyang-gu, Seoyang-gu, Yangyang-gu as a project implementation district; on April 12, 2012, the authorization for the establishment of a redevelopment association was granted on September 8, 2015; on March 2, 2018, the authorization for the implementation of the management and disposition plan was granted in sequence; and at the time of obtaining each authorization, the authorization was publicly announced at the time of obtaining each authorization (Evidences. A through 4).

1. A building listed in the list (hereinafter “instant building”) is located within the said project implementation district and is jointly owned by Defendant B with Defendant F.

(A) On May 27, 2019, the Plaintiff received a ruling of expropriation of the instant building against B on May 27, 2019 (No. 6)

7. 10. Deposit of compensation set forth in the expropriation ruling for Defendant B

(A) Evidence Nos. 7-1. / [Grounds for Recognition] A, entry of Evidence Nos. 1 through 7, and the purport of the whole pleadings

B. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “Any right holder, such as the owner, superficies, person having a right to lease on the previous land or building, and lessee, shall not use or benefit from the relevant land or building until the date of public announcement of transfer under Article 78(3), if the approval of the management and disposal plan is obtained or the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed, this shall not apply to cases where the approval of the management and disposal plan is publicly notified and the compensation for losses is completed by the expropriation of the land, etc., the previous owner, etc. of

The plaintiff has made the total area of 58,393 square meters in Gyeyang-gu E in Gyeyang-gu, Gyeyang-gu as a housing redevelopment project area.

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