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(영문) 수원지방법원 2019.04.24 2018가단13185
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the annexed sheet 11.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that obtained the authorization of establishment on September 24, 2009 and obtained the authorization of establishment on September 24, 2009, with the area of project district of 139,29 square meters in Suwon-si, Suwon-si C.

B. The Plaintiff obtained authorization of a project implementation plan on December 31, 2015, and received the authorization of the management and disposal plan on August 2, 2017.

The Suwon Mayor announced a management and disposal plan approved on August 2, 2017 (hereinafter referred to as the “instant notice”).

C. The Defendant occupies the real estate listed in the attached Table 11 list in the said project implementation district as the owner.

After receiving the ruling of expropriation from the Gyeonggi-do Local Land Tribunal (the date of ruling on October 29, 2018, the date of expropriation; hereinafter “instant ruling of expropriation”), the Plaintiff deposited compensation for the Defendant as determined by the ruling of expropriation.

[Ground of recognition] without any dispute, Gap evidence 1, 2, 3, Gap evidence 4-1, Gap evidence 6-1, 2, Gap evidence 7, Gap evidence 8-1, and Gap evidence 10, the purport of the whole pleadings

2. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; Act No. 14567, Feb. 9, 2018; Act No. 14567, Feb. 8, 2017); however, according to Article 25 of the Addenda to the amended Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567; Act No. 14567, Feb. 8, 2017), the instant notice is deemed to have been made pursuant to the amended Act, and thus, the amended Act shall apply.

When the authorization of the management and disposal plan is publicly notified, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86. Therefore, when the public announcement of the authorization of the management and disposal plan is made, the profits of the right holder, such as the owner, superficies, leaseer, etc. of the previous

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