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(영문) 수원지방법원안산지원 2020.05.08 2019가단12381
건물인도
Text

1. The Plaintiff:

A. Defendant B shall display 1, 2, 3, 26, and 1 of the attached Form 1 drawings among the 1st floor of the real estate listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a Housing Redevelopment and Rearrangement Project Association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by making the J 47,953 square meters of land as a project implementation district (hereinafter “instant project district”).

B. On March 29, 2019, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on the same day.

C. The Defendants occupy the corresponding part of each of the real estate stipulated in Paragraph (1) of the order within the instant business area (hereinafter “each of the instant real estate”).

On October 14, 2019, the Gyeonggi-do Regional Land Tribunal set the date of expropriation as November 28, 2019 and rendered a ruling to expropriate the business rights compensation of the remaining Defendants except Defendant G and H, and the Plaintiff deposited the remainder of the Defendants as the deposited parties before the date of the above expropriation.

E. On January 10, 2019, the Plaintiff agreed between Defendant G and H that “the amount of KRW 37,545,000 shall be paid within two months from the date of immigration” with respect to the business rights compensation for the place of business operated by the said Defendants.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including each number), the purport of the whole pleadings

2. According to the provisions of the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, when a notice of the approval of the management and disposal plan stipulated in the above Act is given, a right holder, such as an owner, lessee, etc. of the previous land or structure, cannot use or profit from the previous land or structure, and a project implementer can use or benefit

Inasmuch as the instant management and disposition plan was authorized and publicly announced on March 29, 2019, the Plaintiff’s respective real estate located in the instant project zone.

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