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(영문) 수원지방법원안양지원 2017.11.15 2017가단101988
건물명도(인도)
Text

1. The Plaintiff, the Defendant B, and the Defendant C, among the buildings listed in the attached Table No. 1, and the attached Table No. 2.

Reasons

1. The Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of improving housing redevelopment project on the scale of 185,269 square meters in Ansan-si during the period of Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of the housing redevelopment project on June 22, 2015, and was publicly notified of the management and disposal plan on the same day.

Attached Form

Each building listed in the list (hereinafter “each building of this case”) is located within the redevelopment project zone of this case, and Defendant B is the owner of the building listed in the attached list No. 1, and Defendant C is the owner of the building listed in the attached list No. 2, and the Defendants are cash clearing agents.

On June 12, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation of each of the instant buildings, etc., and the Plaintiff, upon the ruling of expropriation, made Defendant B as a depositee on July 17, 2017, in full, KRW 640,575,940 for compensation for losses;

7. 24. Defendant C deposited the full amount of KRW 433,645,890 with the deposited amount as compensation for losses.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 6, 8 through 12, and the purport of whole pleadings

2. Determination on the cause of the claim

A. (1) Under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when the approval of a management and disposal plan for a redevelopment project and a public notice thereof are given, a right holder, such as the owner of the previous land or structure, shall not use or benefit from the previous land or structure without the consent of the project operator until the date of public notice of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. Thus, the purpose of Article 1 of the Act, the measures to implement a redevelopment project under Articles 36 through 45 of the Act, and Article 47

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