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(영문) 인천지방법원 2019.04.24 2018가단263099
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers each real estate listed in the separate list of real estate;

B. Defendant C shall be attached hereto.

Reasons

1. Basic facts

A. The Plaintiff is a Housing Redevelopment Development Project Association established on September 11, 2008 with authorization from the head of Nam-gu Incheon Metropolitan City in order to implement a housing redevelopment project with approximately KRW 96,034.90 square meters in a project implementation district (hereinafter “instant project”).

B. Defendant B owned each real estate indicated in the attached list of real estate located in the instant project zone until now, and Defendant C occupies each of the above real estate, and Defendant C occupies 83.46 square meters of one story among the real estate listed in the attached list No. 2 of the attached list of real estate as a tenant.

C. On November 13, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of the Nam-gu Incheon Metropolitan City, and the management and disposal plan was publicly notified on the same day.

Defendant B lost the status of the Plaintiff’s member as a result of failing to file an application for parcelling-out during the period of parcelling-out, and the Plaintiff filed an application for acceptance with the Regional Land Expropriation Committee of Incheon Metropolitan City.

Accordingly, on September 19, 2018, the above committee made a ruling of expropriation on each of the above real estate (the starting date of expropriation is November 13, 2018).

E. On November 6, 2018, the Plaintiff deposited KRW 348,962,620 (land 261,954,620, additional charges of delay 16,793,760, additional charges of delay 16,760, and KRW 4,230,240, total amount of compensation for losses (land 261,954,62,00) determined by the expropriation ruling rendered on September 19, 2018, with Defendant B as the deposited person.

[Reasons for Recognition] Each entry of Gap 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

(a) The main sentence of Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim shall be construed as “the owner, superficies, person having a right to lease, lease, lease, etc. of the previous land or building may use or benefit from the previous land or building by the date of the public announcement of the approval of the management and disposal plan under Article 78 (4), if the public announcement

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