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(영문) 의정부지방법원 고양지원 2018.10.10 2017가단80062
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall set out in attached list 2.

Reasons

1. Claim against Defendant C, G, H, K, N, and P

A. In order to implement a housing redevelopment project by setting the size of 40,404,00 square meters as a project implementation zone in Gyeyang-gu, Gyeyang-gu, Yangyang-si, the Plaintiff is a housing redevelopment project partnership that obtained authorization for the establishment of a high-sea market on July 18, 201 to implement a housing redevelopment project. The said Defendants did not apply for parcelling-out as an owner of real estate listed in the attached list within the said project implementation zone and did not file an application for parcelling-out, and possessed each of the said real estate by the lessee. 2) The Plaintiff determined a management and disposal plan regarding the housing redevelopment project and obtained authorization from the high-sea market on August 29, 2017, and publicly notified the details thereof in the official bulletin on the same day.

3) The Gyeonggi-do Local Land Tribunal Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(4) On May 8, 2018, the Plaintiff deposited the expropriation compensation stipulated in the foregoing adjudication on April 8, 2018, and completed the registration of ownership transfer in the Plaintiff’s name, which was made on May 24, 2018 for the real estate stated in the separate sheet on June 11, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 25, purport of the whole pleadings

B. According to the main sentence of Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a public notice of an administrative disposition plan under Article 49(3) of the same Act is given, a right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings, shall be suspended from using and making profits from the previous land or buildings, and a project implementer shall be able to use and make profits from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Meanwhile

Therefore, above.

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