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(영문) 수원지방법원 안양지원 2018.09.12 2017가단125427
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) real estate listed in No. 4 of [Attachment 2 Real Estate List];

B. Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project on February 21, 2012 pursuant to the 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 Urban Improvement Act”) for the purpose of implementing a housing redevelopment project with the area of project implementation of the housing redevelopment project, the area of which is one of 16,66.10 square meters in Ansan-si, Ansan-si.

B. On February 27, 2017, the Ansan City approved the management and disposal plan for the housing redevelopment improvement project, and publicly notified the details thereof.

C. Among each real estate list in the above project implementation district, the real estate listed in the No. 4, the real estate listed in the No. 7, the Defendant C, and the real estate listed in the No. 8, the Defendant D, respectively, are leased and possessed.

[Ground of recognition] Defendant C and D: A without any dispute, entry of Gap evidence 1 through 4, Gap evidence 5, and the purport of the whole pleadings, Defendant B: Confession (Article 150 of the Civil Procedure Act)

2. Determination:

A. According to Article 49(6) of the former Act, in cases where a management and disposal plan under the said Act is authorized and publicly announced, the use and profit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings within the project implementation district, shall be suspended, and the project implementer may use and profit

Therefore, the defendants are obligated to deliver each possession of real estate to the plaintiff who acquired the right to use and profit from each possession of real estate listed in the attached Table 2 list as the lessee in accordance with the notice of the above management and disposal plan.

B. Defendant C and D’s assertion is asserted to the effect that the Defendants cannot respond to the Plaintiff’s claim before the reasonable compensation for loss is completed.

However, comprehensively taking account of the overall purport of the arguments in Gap evidence 6 and Gap evidence 7-2 and 3, the Gyeonggi-do Local Land Tribunal set the commencement date of expropriation on April 9, 2018 as May 24, 2018.

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