logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.01.22 2019가단540639
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff the real estate indicated in Section B, “The real estate to which the Defendant is to deliver.”

2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization for establishment for the purpose of the housing redevelopment and rearrangement project (hereinafter “instant project”) in Suwon-si, Suwon-si.

B. On June 8, 2018, the management and disposal plan and the notice were issued for the instant project.

C. The Defendant occupies the real estate indicated in Section B(2) of the attached Table “Indication of the real estate to be delivered to each of the Defendant” located within the instant business zone as the owner.

After receiving the ruling of expropriation from the Gyeonggi-do Local Land Tribunal (the date of ruling, September 23, 2019; November 7, 2019; the date of commencement of expropriation), the Plaintiff deposited full compensation for the Defendant’s losses as prescribed by the above ruling of expropriation.

[Ground of recognition] The facts without any dispute, Gap's 1, 2, Gap's 3-1, and Gap's 4 through 10, and the purport of the whole pleadings

2. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “When the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or structure, shall not use or benefit from the previous land or structure by the date of public announcement of relocation under

According to the above facts, the use and profit-making of the real estate of this case is suspended according to the notification of the management and disposal plan for the project of this case, and since the plaintiff can use and profit-making from the real estate of this case as the project implementer, the defendant is obligated to deliver the real estate of this case to

3. The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.

arrow