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(영문) 수원지방법원안산지원 2020.02.14 2019가단54071
건물명도(인도)
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 established to implement a housing redevelopment project (hereinafter “instant project”) with respect to the housing redevelopment project for KRW 162,616,10 square meters in Gwangju-si, the Plaintiff was granted authorization for the implementation of the instant project on October 28, 2016 from the Gwangju-gu, and the authorization for the implementation of the project on November 9, 2018, respectively, and the luminous Mayor announced the management and disposal plan for the instant project at that time (hereinafter “instant management and disposal plan”).

B. The defendant possesses and occupies the real estate listed in the attached list within the instant business zone.

C. On January 14, 2019, the Gyeonggi-do Regional Land Tribunal decided on February 28, 2019 on the date of expropriation, and made an adjudication on expropriation of compensation for losses for obstacles, etc. existing in real estate on the attached list (hereinafter “instant adjudication on expropriation”). On February 27, 2019, the Plaintiff deposited full amount of compensation KRW 596,589,780 due to the said adjudication on expropriation by deeming the Defendant as the depositee.

[Reasons for Recognition] Unsatisfy, each entry of Gap Gap 1-10 (including virtual numbers), and the purport of the whole pleadings

2. When a management and disposal plan prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is authorized and announced as to the cause of the claim, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The Plaintiff’s management and disposal plan regarding the improvement project was authorized and announced publicly, and the Plaintiff’s entire deposit of compensation for the Defendant in accordance with the decision of expropriation is as seen earlier. Therefore, the Defendant is

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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