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(영문) 의정부지방법원 고양지원 2018.08.10 2017가단80260
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff each of the relevant real estate listed in the separate sheet.

2. The costs of lawsuit shall be individually counted.

Reasons

1. Fact-finding;

A. On July 18, 201, the Plaintiff is a housing redevelopment and consolidation project association that obtained authorization for the establishment of a housing redevelopment and improvement project on July 18, 201 in order to implement a housing redevelopment and improvement project by setting the area where the JJ 40,404m2 is a project implementation district in Gyeyang-gu, Gyeyang-gu.

B. On August 29, 2017, the Plaintiff determined a management and disposal plan for the housing redevelopment improvement project and obtained authorization from the high-sea market, and publicly announced the details thereof in the official gazette on the same day.

C. Each real estate stated in the separate sheet located within the project implementation zone was owned by K, which was originally owned by K, but the Defendants leased each corresponding part in the separate sheet from K and occupied it.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 14, purport of the whole pleadings

2. Determination

A. 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, leaser, etc. shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4).”

Therefore, the Defendants, the lessee, cannot use and benefit from the above management and disposition plan. Therefore, barring special circumstances, the Defendants are obligated to deliver each of the pertinent real estate listed in the attached Table to the Plaintiff who acquired the right to use and benefit as the project implementer.

B. Defendant D, E, F, G, and H asserts that the Defendants’ assertion and determination thereof (i.e., Defendant D, and E, F, G, and H were the owners of the instant real estate and the lessor, and that K did not receive compensation for losses and did not arrive at the date of commencement of expropriation due to the expropriation ruling.

C. Therefore, according to the statements in Gap's evidence Nos. 15 through 19, the Gyeonggi-do Local Land Tribunal shall be listed in the separate list on April 9, 2018.

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