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(영문) 인천지방법원부천지원 2016.11.18 2016가단6943
건물인도
Text

1. The defendant shall, among the real estate stated in the attached Form, indicate the attached Form Nos. 1, 2, 3, 4, and 1 in sequence.

Reasons

1. The following facts can be acknowledged in full view of the following facts: there is no dispute between the parties; or the entries in Gap evidence Nos. 1 to 10 and the whole purport of the pleadings.

The Plaintiff is a cooperative established on July 24, 2009 by obtaining authorization for the establishment on July 24, 2009 for a housing redevelopment improvement project (hereinafter “instant redevelopment project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) using the land size of 16,142.6 square meters in the Nowon-gu Seoul Special Metropolitan City, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, as its business area. The Defendant possessed the buildings and their sites indicated in the attached Form in the rearrangement zone of the instant redevelopment project and indicated in the attached Form among real estate indicated in the attached Form: (1), (2), (3), (4), and (53.01 square meters in the part inside each point (hereinafter “instant real estate”).

B. On February 9, 2015, the Plaintiff: (a) obtained the authorization to implement the instant redevelopment project from the Bupyeong-gu mayor; (b) obtained the authorization to implement the relevant redevelopment project on December 30, 2015; and (c) publicly announced the authorization to implement the relevant redevelopment project on December 30, 2015; and (d) on December 30, 2015

C. On August 29, 2016, the Gyeonggi-do Regional Land Tribunal decided to expropriate KRW 56,647,200 for the buildings and their obstacles listed in the separate sheet, and KRW 236,192,00 for the site as compensation. D.

The Defendant received total sum of KRW 292,839,200 from the Plaintiff on September 22, 2016, and the Plaintiff completed each registration of transfer of ownership as of the building and its site stated in the separate sheet as to the building and its site on October 13, 2016, based on the expropriation as of October 13, 2016.

2. According to these facts, the Defendant, the owner of the instant redevelopment project, pursuant to the main sentence of Article 49(6) of the Urban Improvement Act, by approving and publicly announcing the management and disposal plan of the instant redevelopment project filed by the Plaintiff on December 30, 2015.

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