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(영문) 인천지방법원 2018.11.02 2018가합50641
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement housing redevelopment and rearrangement projects that implement housing redevelopment and rearrangement projects whose area is 23,109,7 square meters of the daily KRW 23,109,09,000 in Bupyeong-gu Incheon Metropolitan City

B. The Defendant, as the owner of the real estate in the attached list within the project implementation district of this case (hereinafter “instant real estate”), failed to file an application for parcelling-out within the period of application for parcelling-out and became subject to cash liquidation.

C. On March 28, 2017, the head of Bupyeong-gu Incheon Metropolitan City authorizing the Plaintiff to implement a management and disposition plan (hereinafter “instant management and disposition plan”) and publicly announced it on the same day.

The Plaintiff filed an application for adjudication of expropriation with the Incheon Metropolitan City Regional Land Tribunal on May 4, 2018, and the said Regional Land Tribunal accepted the instant real estate on May 4, 2018, and the compensation for losses was 2,617,187,200 won in total, and 36,419,950 won in total for the Incheon Bupyeong-gu E, F, and G land, and the date of commencement of expropriation was 36,419,950 won in total (hereinafter referred to as “instant adjudication of expropriation”) on June 28, 2018.

E. On June 25, 2018, the Plaintiff deposited KRW 2,617,187,200 as the Defendant for compensation for losses for the land and obstacles in Bupyeong-gu Incheon District Court Decision 6978, the Incheon District Court deposited KRW 2,617,187,200, and KRW 36,419,950 as compensation for losses for the land in Bupyeong-gu E, Incheon District Court Decision 2018, the Incheon District Court deposited KRW 6980, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the cause of action

A. The main text of Article 81(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions (wholly amended by Act No. 14567, Feb. 8, 2017) applies at the time of the instant public notice.

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