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(영문) 인천지방법원 2020.01.15 2019가단14607
건물인도
Text

1. The Plaintiff:

A. Defendant B is marked as indicated in the annexed Form 1 Map No. 1, 2, 3, 4, 5, 1 among the land strata listed in the annexed Table No. 1 list.

Reasons

1. Claim against Defendant B, C, and D

A. Among the grounds for the attachment of the claim, the part corresponding to the above Defendants is indicated in the attachment of the claim

(Attached 2 to 5 drawings were omitted). (b)

Judgment by deeming the confession based on recognition (Article 150 (1) and (3) and Article 208 (3) 2 of the Civil Procedure Act)

2. Determination as to the claim against Defendant E

A. Facts of recognition 1) The Plaintiff is the Plaintiff’s housing redevelopment improvement project that has approximately KRW 75,338 square meters of the F of Bupyeong-gu Incheon Metropolitan Government as a project implementation district (hereinafter “instant project”).

A) On October 9, 2009, Defendant E owned the real estate listed in attached Form 3 located in the instant business area and has possessed the said real estate up to the present day after obtaining authorization from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Office.

3) On April 10, 2019, the Plaintiff received an administrative disposition plan from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and the management and disposition plan was publicly announced on the same day. 4) Defendant E lost the Plaintiff’s status as the Plaintiff’s member because it did not apply for parcelling-out during the period of application for parcelling-out. Upon consultation with Defendant E, the Plaintiff entered into an agreement on the acquisition of public land, which is deemed to include all money related to the compensation prescribed in the Enforcement Decree of the Act on Acquisition of and Compensation for Land, etc. for Public Works and the Enforcement Decree of the same Act and the Enforcement Rule of the same Act, with the Plaintiff’s totaling KRW 448,083,080 (land, 371,28,200, 76,794,800) on November 15, 2019.

5) On November 15, 2019, the Plaintiff transferred the full amount of KRW 448,083,080 for the above consultation compensation to Defendant E. [The entries in the items of evidence A1 through 3, evidence A4-1, evidence A4-1, evidence A5-1, and evidence A6-1, and the purport of the whole pleadings.

B. The management and disposal plan of the instant project was authorized and publicly announced as seen in the above facts of recognition as to the grounds of claim 1.

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