logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.12.20 2018가단218662
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant (Appointed Party) B: real estate listed in Appendix 4;

(b) Attached 5 List D shall be the Appointor D.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and rearrangement project association whose business area covers the 76,157 square meters of land in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and each real estate listed in the separate sheet (hereinafter “each real estate of this case”) is located within the above business area.

B. The Plaintiff obtained approval from the head of Bupyeong-gu Incheon Metropolitan City, from the head of the Gu on November 22, 2016, and the said approval was publicly notified on the same day.

C. Defendant (Appointed Party) is the owner of real estate listed in the attached Table 4 list, who has failed to apply for a parcelling-out in cash.

The Appointor D is the defendant (Appointed Party) B's order No. 1-B

The lessee, the designated person E, and the defendant C of the part of the building described in the paragraph shall be subject to the order of each G ownership.

Part of the building described in the subsection and the order No. 1

The lessee of the building mentioned in the subsection is occupying and using each of the above building parts.

The Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Incheon Metropolitan City against the persons subject to cash settlement in the project area, and the said Land Tribunal determined the commencement date of expropriation on June 8, 2018 for Defendant (Appointed Party) B and G, who are the persons subject to compensation for losses, as of July 30, 2018.

E. On July 26, 2018, the Plaintiff deposited KRW 471,686,110 as compensation for losses under the above confinement ruling by the Incheon District Court Decision No. 8553, 2018 with the Defendant (Appointed Party B) as Defendant B. On the same day, the Plaintiff deposited KRW 488,170,540 as compensation for losses under the above confinement ruling by the Incheon District Court No. 2018, 2018 with G as the deposited party G.

F. 83 persons including the Defendant (Appointed Party) filed a lawsuit seeking confirmation of invalidity against the head of Bupyeong-gu Incheon Metropolitan City (Seoul District Court Decision 2016Guhap5315) by asserting that the business action plan approval disposition, which is the premise for the authorization of establishment and management and disposal plan of the Plaintiff, is invalid due to serious defects.

arrow