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(영문) 인천지방법원 2017.12.08 2017가합52817
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate listed in the attached Table 1 list.

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

3...

Reasons

1. Indication of claim;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project by designating the total area of 219,406 square meters in Bupyeong-gu Incheon Metropolitan City, as a project implementation district (hereinafter “project implementation district of this case”), and was granted authorization to establish a housing redevelopment association on February 3, 2009 by the head of Bupyeong-gu Incheon Metropolitan City, and authorization to implement the project on May 31, 2010, respectively.

B. The Plaintiff publicly announced the application for parcelling-out around January 29, 2016 according to the project implementation plan authorized, and publicly announced the management and disposal plan on June 6, 2016, following the public announcement of the draft of the management and disposal plan (from May 4, 2016 to June 5, 2016), and publicly announced the management and disposal plan on July 13, 2016 by the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, upon receiving the approval of the management and disposal plan from the head of the Gu.

C. The Defendant is the owner of the real estate listed in the attached Table 1 list located in the project implementation district of this case, and is the Plaintiff’s member. The Defendant applied for parcelling-out to the Plaintiff according to the Plaintiff’s notice of application for parcelling-out, but did not perform the removal

A housing redevelopment project implementer shall remove existing structures after receiving the approval of the management and disposal plan.

Article 48-2(1) of the Act, when the authorization of the management and disposal plan is publicly notified, holders such as owners, superficies, leaseer, etc. of the previous land or buildings may not use or profit from the previous land or buildings until the date of public announcement of transfer under Article 54 of the Act on Urban Improvement.

(Article 49(6)(e) of the Urban Improvement Act.

Inasmuch as the management and disposal plan of the Plaintiff was approved and announced, the Plaintiff obtained the right to use and benefit from the real estate owned by the Defendant under the Urban Improvement Act.

F. Therefore, the defendant shall deliver to the plaintiff the real estate stated in the attached Table 1 list.

2. Article 208 (3) of the Civil Procedure Act of this Act;

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