logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.04.24 2018가단264078
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the attached real estate list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established on September 11, 2008 with authorization from the head of the Nam-gu Incheon Metropolitan City in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with approximately 96,034.90 square meters in a project implementation district of the Nam-gu Incheon Metropolitan City.

B. The Defendant owned each real estate listed in the separate sheet of real estate located within the instant project zone (hereinafter “instant real estate”) and possessed the instant real estate until now.

C. On November 13, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of the Nam-gu Incheon Metropolitan City, and the management and disposal plan was publicly notified on the same day.

The defendant did not apply for a parcelling-out during the period of parcelling-out and lost the status of the plaintiff's member, and the plaintiff applied for an acceptance ruling on the real estate of this case and its obstacles to the Incheon Metropolitan City Land Tribunal

Accordingly, on September 19, 2018, the said commission rendered a ruling of expropriation of the instant real estate, etc. (the starting date of expropriation was November 13, 2018).

E. On November 6, 2018, the Plaintiff deposited KRW 254,540,450 (land 208,180,180,120, additional charges for delay of KRW 13,346,30, and KRW 1,989,000, including the building of KRW 31,025,180,120, and the building of KRW 13,346,30, and KRW 1989,000) with the Defendant as the deposited person.

[Reasons for Recognition] Each entry of Gap 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, leaseer, etc. shall not use or benefit from the previous land or building by the date of public announcement of transfer under Article 78(4), if the management and disposal plan is publicly notified under Article 78(4), and Article 81(2) of the same Act.

arrow