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(영문) 인천지방법원 2018.05.25 2017가단232555
부동산인도 청구의 소
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 3 of [Attachment];

B. Defendant C shall set out in attached list No. 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is an implementer of a housing redevelopment improvement project (hereinafter “instant improvement project”) for the housing redevelopment project for the housing size of 219,328 square meters in Bupyeong-gu Incheon Bupyeong-gu (hereinafter “instant project implementation district”), which has completed the establishment registration on February 3, 2009 after obtaining authorization for the establishment of a partnership on February 5, 2009.

B. On July 12, 2016, the Plaintiff received a disposition of approval for the management and disposal plan from the head of the Incheon Bupyeong-gu Office, and the approval disposition was publicly notified on July 13, 2016.

C. Each real estate listed in the separate sheet is located in the project implementation district of this case, and the Defendants leased and occupy each real estate listed in the separate sheet as stated in paragraph (1) of this case for residential purpose.

However, Defendant B is running transportation business using pedal vehicles while residing in the real estate listed in the attached list paragraph 3.

The plaintiff deposited KRW 2,400,000, which is the amount of adjudication on expropriation for the compensation for business rights against the defendant B, to the Incheon District Court.

[Ground for Recognition: Facts without dispute, Gap 1 through 9, 25, 27, 28

(2) Each entry and the purport of the whole pleading

2. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) provides that “When a management and disposal plan is authorized and publicly announced, the owner or lessee of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54.” Thus, barring any special circumstance, barring any special circumstance, the former owner, etc. of the object shall be suspended from using or benefit from the management and disposal plan stipulated in the former Act, and the project implementer may make use of or benefit from the object without the separate procedure of expropriation or use.

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