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(영문) 의정부지방법원 2020.06.24 2019가단138313
건물인도
Text

1. The Plaintiff:

A. Defendant B shall attach Form B

1. Real estate indicated in the list:

B. Defendant C, D, E, and F are annexed hereto.

2. The list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established on February 16, 201, which executed a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by designating the G 32,509 square meters wide as a project implementation district (hereinafter “instant project district”).

B. On April 19, 2019, the Gu Government Mayor approved the Plaintiff’s management and disposal plan pursuant to Article 74 of the Urban Improvement Act, and publicly announced it on the same day.

(H.C. c. of the House Government)

Defendant B is in the business territory of the instant case

1. The owners, Defendant C, D, E, and F of the real estate listed in the list (hereinafter referred to as “instant one real estate”), and the owner of the real estate

2. A person who has jointly succeeded to the network I as the owner of the real estate indicated in the list (hereinafter “instant two real estate”), but has not filed an application for parcelling-out within the period for application for parcelling-out of the instant rearrangement project.

At present, Defendant B occupies the real estate of this case, and Defendant C, D, E, and F respectively.

[Reasons for Recognition] Defendant B: A without dispute, Gap evidence 1, 4, 5, Gap evidence 6-6, Gap evidence 6-2, defendant C, D, E, and F: Confession (Article 150(3) of the Civil Procedure Act)

2. Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) provides that “The owner of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan: Provided, That this shall not apply where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) has not been completed.”

According to the above regulations and facts of recognition, the defendants are subject to the administrative disposition plan for the rearrangement project of this case.

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