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(영문) 인천지방법원 2019.05.16 2018가단223978
건물명도(인도)
Text

1. The Plaintiff:

(a) The Selection C shall have the real property listed in the Appendix 2 list:

B. The defendant (Appointed Party) B shall list the annexed sheet 7.

Reasons

1. There is no dispute between the parties to the determination on the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in each statement of Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the plaintiff is a housing redevelopment project partnership which has obtained authorization for the establishment of a project on March 14, 2012; the plaintiff is subject to the approval of the management plan from the head of Bupyeong-gu Incheon Bupyeong-gu Office on November 22, 2016; the head of the Incheon Bupyeong-gu Office publicly announced the approval of the management plan on the same day; the defendant (appointed party) B and the appointed party C (hereinafter the defendant) are occupying and using each of the attached list after obtaining possession authority from the owner who did not apply for the sale; and the plaintiff is recognized.

According to the above facts, the plaintiff is a project implementer who has received public notice of approval of a management and disposal plan pursuant to the provisions related to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the defendants occupy and use each real estate listed in the separate sheet in the project area. Therefore, the defendants are obligated to deliver each of the above real

2. Determination as to the Defendant (Appointed Party)’s assertion

A. Defendant B’s assertion 1) The Plaintiff is the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).

(1) A failure to perform the obligation to compensate for losses (hereinafter referred to as “section 1”)

(2) The Defendants did not receive any compensation for director expenses.

(3) Since E, F, and G, the owner of the real estate possessed by the Defendants, has not yet been fully compensated by the Plaintiff, the Defendants, who are authorized to use the real estate from the said owners, are not obligated to deliver the said real estate to the Plaintiff (hereinafter referred to as “the Defendants”).

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