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(영문) 수원지방법원 안양지원 2018.07.05 2017가합103035
부동산인도 등
Text

1. The defendant shall order each point of the indication 1, 2, 3, 4, and 1 of the attached drawings among the real estate 1 floors listed in the attached list to the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project partnership which completed the registration of incorporation on July 26, 201 with the authorization of establishment from the Ansan market on July 25, 201 to implement a A-Housing Redevelopment and Improvement Project (hereinafter “instant project”) with the whole project zone located in Ansan-si, the Plaintiff is a housing redevelopment and rearrangement project partnership which completed the registration of incorporation on July 26, 201.

B. The Defendant is a lessee of a portion of 55 square meters in the ship connected in order to each point of 1, 2, 3, 4, and 1 of the real estate indicated in the attached Table list located within the instant project zone, and is currently possessing the relevant real estate.

C. On September 22, 2015, the Plaintiff received authorization to implement the project on September 22, 2015 from the Ansan market, and then received the authorization to implement the project on November 24, 2016, and the said authorization to implement the project was publicly notified on the same date.

As the Plaintiff did not consult with the Defendant on the compensation for loss, the Plaintiff applied for the adjudication of expropriation to the Gyeonggi-do Regional Land Tribunal. On March 26, 2018, the said Committee decided on May 10, 2018, the compensation for the Defendant was KRW 76,450,00, and the date of commencement of expropriation.

On April 23, 2018, the Plaintiff deposited the full amount of the compensation with the Defendant as the principal depositee.

(No. 858. [Reasons for Recognition] of this Court, the entry in Gap's Evidence No. 1, 3, 4, 7, 9 through 11, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan under the aforesaid Act is authorized and publicly announced, and compensation for losses arising from the expropriation of land, etc. is completed, profit-making by a right holder, such as the owner, lessee, etc. of the previous land or buildings within the project implementation district, shall be suspended

B. Examining the facts recognized earlier in light of the above provisions, the Defendant whose use and profit has been suspended pursuant to the public notice of approval of the management and disposal plan concerning the instant project.

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