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(영문) 의정부지방법원 고양지원 2018.12.13 2017가단80437
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B, C, and E are the real estate listed in the separate sheet Nos. 1, 2, and 4;

B. Defendant D.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project by setting the F 40,404m2 as the project implementation district (hereinafter “instant project implementation district”). The Defendants leased and possess each of the relevant real estate listed in the separate sheet in the instant project implementation district (hereinafter “each of the instant real estate”).

B. Each real estate of this case is owned by G (attached Form 1, 2, and 3, and 4) that is a person subject to cash settlement and H Substitutes Association (attached Form 3, and 4).

The plaintiff received a ruling of acceptance from G on April 9, 2018, and the following year:

5. 10. 10. Deposit of compensation set out in the expropriation ruling for G.

On July 23, 2018, the following year, the Plaintiff was adjudicated to accept the HJ M&D on its acceptance.

8.6. He deposited the compensation for losses set forth in the adjudication of acceptance for the H TW meeting.

C. On July 18, 201, the Plaintiff obtained authorization to establish a high-sea market, and obtained authorization to implement the project from the high-sea market on October 21, 2016, and held a general meeting to formulate a management and disposal plan on April 22, 2017, and made a public announcement of the draft of the management and disposal plan from May 1, 201 to the 30th of the same month, and the said management and disposal plan was announced with the authorization of the high-sea market on August 29, 2017.

[Ground of recognition] Facts without dispute, Gap's evidence 1 through 4, Gap's evidence 8, 9, 12, 13, 14, 15, 16, 17, 18, 23, 24, 25, 26, 30, 31 evidence, Eul's evidence 1 and 5, and the purport of the whole pleadings

2. Determination

A. Article 49(6) main text of the former Act on the Maintenance of Urban Areas and Dwelling Conditions provides that “When the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, a person having a right to lease and a lessee, etc. of the previous land or building, shall not use or benefit from the previous land or building by the date of public announcement of relocation under Article 54.”

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