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(영문) 인천지방법원 2020.07.09 2020가단201384
건물인도
Text

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

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association approved by the head of Nam-gu Incheon Metropolitan City on September 28, 2010 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which designates approximately 32,368.4 square meters in Seoul, Nam-gu, Incheon, as a project implementation district.

B. The Defendant is the owner of the real estate indicated in the separate sheet located in the instant project zone (hereinafter “instant real estate”).

C. On June 11, 2019, the Plaintiff obtained the approval of the management and disposal plan from the head of Nam-gu Incheon Metropolitan City, and the management and disposal plan was publicly notified.

The defendant lost the status of the plaintiff's member as a result of failing to apply for parcelling-out during the period of application for parcelling-out, and the plaintiff applied for expropriation of the real estate of this case, its site, and obstacles to Incheon Metropolitan City

On February 21, 2020, the Incheon Metropolitan City Regional Land Tribunal rendered a ruling of expropriation for the real estate of this case (the starting date of expropriation is April 16, 2020).

E. On March 31, 2020, the Plaintiff deposited 291,414,650 won (i.e., KRW 213,674,610 on the instant real estate site) totaling the Defendant’s compensation for losses (i.e., KRW 77,740,040 on the instant real estate site), which was determined by the ruling of expropriation on February 21, 2020, with the Defendant as the deposit recipient.

【Ground for recognition】 Evidence 1, 3, 4, Evidence 5-2, Evidence 6, Evidence 7-3, and the purport of the whole pleadings

2. Article 81 (1) of the Act on the Determination of Grounds for Claims shall not use or benefit from the previous land or buildings until the date of public announcement of the approval for the management and disposal plan under Article 78 (4), if the owners, persons with superficies, persons having chonsegwon, leasers, etc. of the previous land or buildings are publicly notified.

Provided, That the project operator's consent or public works shall be obtained.

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