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(영문) 인천지방법원 2020.10.23 2019가합63774
건물명도(인도)
Text

1. One floor of the real estate in the attached list to the Plaintiff

A. Defendant B shall have the respective points indicated in the Appendix No. 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established on August 28, 2008 with authorization from the head of Bupyeong-gu Incheon Metropolitan City, in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) whose business area covers approximately 80,720 square meters of land in Bupyeong-gu, Incheon Metropolitan City D (hereinafter “instant project”).

B. Defendant B is the owner of the real estate indicated in the separate sheet located within the instant project zone, and the part of the inside line of which is 46.22 square meters connected in order to each point of the separate sheet Nos. 1, 2, 3, 4, and 1 among the one story.

Defendant C leased and occupied a part of 46.22 square meters inside a line connected in order to each point of the attached Form 2, 5, 6, 3, and 2 among the one story of the above real estate.

C. On April 10, 2019, the Plaintiff received an approval for the management and disposal plan from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and notified the same date, and on October 14, 2019, the approval for the change of the management and disposal plan was obtained from the head of Bupyeong-gu Incheon Metropolitan City, and the authorization for the change was publicly notified on the same date.

The plaintiff did not consent to the defendant's improvement project, filed an application for adjudication of expropriation of the above real estate and its site with the local Land Tribunal of Incheon Metropolitan City, and received a ruling of expropriation on July 2, 2020.

E. On June 19, 2020, the Plaintiff deposited KRW 610,91,920 (the additional amount for delay KRW 108,923,840) in the aggregate of the compensation for losses (the additional amount for delay 108,923,840) stipulated in the adjudication of expropriation with Defendant B as a deposit recipient.

[Reasons for Recognition] Defendant B: The non-contentious facts, Gap evidence 1 and 2-1, 2, 3, and 3-7, 4-3, and 5-5 of the evidence, and the purport of the whole oral argument as to the confession

2. The management and disposal plan concerning the defendant's rearrangement project was authorized and publicly announced as well as the defendant's rearrangement project was ruled to expropriate the defendant B and the plaintiff deposited the compensation for losses as prescribed by the expropriation ruling. Thus, the defendants are out of the above real estate.

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