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(영문) 수원지방법원 안양지원 2018.08.24 2018가합100392
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B and C deliver each real estate listed in the separate sheet;

B. Defendant D is Defendant B and C.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of a housing redevelopment improvement project (hereinafter “instant project”) with respect to the area of 48,204 square meters in Ansan-si E in Ansan-si.

B. Defendant B and C occupy the instant real estate as the owner of each 1/2 shares of each of the real estate listed in the separate sheet in the instant project zone (hereinafter “instant real estate”). Defendant D occupies the instant store as a lessee of the portion (a) of the attached sheet No. 3, 4, 9, 10, and 3 of the first floor of the building listed in the attached sheet No. 2, which connects each of the items in the attached sheet No. 3, 4, 9, 10, and 3 (hereinafter “instant store”).

C. On November 25, 2016, the Ansan City approved and publicly notified the Plaintiff’s management and disposal plan.

As the Plaintiff did not reach an agreement with the Defendants on compensation, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal of Gyeonggi-do. On December 26, 2017, the said Committee set the amount of compensation for expropriation to Defendant B and C as KRW 1,066,527,750, respectively, and the commencement date of expropriation as February 9, 2018, respectively; on April 30, 2018, the business compensation for Defendant B was KRW 23,286,330, and KRW 12,385,330, and KRW 55,450,000, and the commencement date of expropriation as June 14, 2018.

On February 7, 2018, the Plaintiff deposited the full amount of each of the above confinement compensation with Defendant B and C as each deposited person, and Defendant B and D on June 4, 2018 as each deposited person, respectively, and deposited the full amount of the above compensation for losses.

(No. 313, 314, 159, 1618, and 1619 of this Court). [Grounds for recognition] Defendant B, C: Statement of the absence of dispute, Party A1, 2, 7, 8, 10 through 12 of the evidence (including each number), the whole purport of the pleading, and Defendant D: Confession

2. The former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”).

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