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(영문) 인천지방법원 2019.04.11 2018나71796
건물명도(인도)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is the implementer of the “G Residential Environment Improvement Project” (hereinafter “instant project”) whose business area covers the Fow in Bupyeong-gu Incheon.

In addition, the real estate listed in the attached list (hereinafter “instant real estate”) is unregistered buildings located in the instant business area.

(B) On July 6, 2018, the part of the site of this case is the state where the ownership transfer registration has been completed in the Plaintiff’s future after the procedure of expropriation.

On March 8, 2017, the head of Bupyeong-gu Incheon Metropolitan City shall approve a management and disposal plan concerning the project of this case, and publicly notify the management and disposal plan on the same day.

C. The Plaintiff, who was the owner of the instant real estate, filed an application for adjudication of expropriation with the Incheon Metropolitan City Regional Land Expropriation Committee, in order to not reach an agreement with Defendant B. On May 4, 2018, the date of expropriation by the said Committee was determined on June 28, 2018.

On June 19, 2018, the Plaintiff paid compensation under the above confinement ruling to Defendant B Educational Association.

(However, the part of the instant real estate is alleged to be owned by Defendant B and Defendant C as one’s own ownership, and the Plaintiff deposited the compensation for this part on June 26, 2018 with the Incheon District Court No. 7206, Jun. 26, 2018).

The defendants occupy the real estate of this case until now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 10, the purport of the whole pleadings

2. The assertion and judgment

A. Article 49(3) of the former 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 Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “When the head of a Si/Gun approves a management and disposal plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government,” and Article 49(6) of the same Act provides that “

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