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(영문) 의정부지방법원고양지원 2019.01.11 2017가합72686
건물명도(인도)
Text

1. The Defendants shall deliver each of the real estate listed in the separate sheet to the Plaintiff.

2. The plaintiff and the defendant among the costs of lawsuit.

Reasons

1. Basic facts

A. On July 18, 201, the Plaintiff is a housing redevelopment and consolidation project association established with authorization for establishment under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”) that is the Filwon in Gyeyang-gu, Seoyang-gu as a project implementation district (hereinafter “instant project implementation district”). The Defendants are the owners and occupants of the relevant real estate specified in the attached list in the instant project implementation district (hereinafter “each of the instant real estate”).

B. On October 21, 2016, the Plaintiff obtained the approval of a project implementation plan from the high-sea market, which was publicly announced on October 25, 2016.

C. The Defendants became eligible for cash settlement because they did not apply for parcelling-out within the period from October 31, 2016 to November 29, 2016, which is the period of application for parcelling-out according to the project implementation plan, and from February 2, 2017 to March 9, 2017.

On August 29, 2017, the Plaintiff received the approval of the management and disposal plan from the Goyang market, which was publicly notified on the same day.

E. The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”). The said Land Tribunal rendered an adjudication of expropriation of each of the instant real estate on April 9, 2018 and July 23, 2018, and the Plaintiff deposited compensation as determined by the adjudication of expropriation.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 11, 21 through 26, 31 through 43 (including paper numbers), and the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Determination of Grounds for Claims (wholly amended by Act No. 14567, Feb. 8, 2017), where a management and disposal plan is authorized and publicly announced, the right holder, such as the owner of the previous land or structure, etc., uses the previous land or structure until the public announcement date of relocation under Article 54 of the former Act.

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