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(영문) 수원지방법원 2019.03.06 2017가단534975
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has been established with the area of project implementation of 35,740 square meters in Suwon-si, Suwon-si, Suwon-si.

B. On January 20, 2009, the Plaintiff decided to designate a rearrangement zone, and announced the management and disposal plan approved on July 29, 2009, the authorization to establish an association, the authorization of a project implementation plan on July 23, 2015, the authorization of a project implementation plan on March 21, 2017, and the authorization of a management and disposal plan on March 21, 2017.

C. The Defendant is the owner of each real estate (land and buildings) recorded in the attached list in the project implementation district, and became the subject of cash settlement because it did not apply for the application for parcelling-out to the Plaintiff Union.

As the Plaintiff did not reach an agreement with the Defendant, who is a person subject to cash settlement, applied for a ruling of expropriation including the Defendant. On July 23, 2018, the Gyeonggi-do Regional Land Tribunal made a ruling of expropriation with respect to the land and goods including the above real estate on July 23, 2018 under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter the Public Works Act) (hereinafter referred to as the “Public Works Act”), the project implementer is omitted from stating the land, goods, and amount of compensation in the attached list, which is the content of the ruling. The land shall be expropriated, and the compensation shall be KRW 2,382,951,360 (the content of individual compensation shall be as stated in the attached list) shall be KRW 2,382,951,360 (the date of expropriation). The date of commencement

E. According to the above ruling, the Defendant’s compensation for losses was set at KRW 456,820,150 [142,322,150, including the building of KRW 314,498,00 in land].

Accordingly, the plaintiff deposited the above compensation for losses to the defendant before the commencement date of expropriation (transfer date) ( September 6, 2018).

F. In addition, around December 27, 2018, the Plaintiff deposited or remitted the resettlement funds of KRW 12,00,000,000, residential relocation expenses of KRW 4,374,388 ( KRW 1,108,284) with compensation under Article 78 of the Public Works Act, and the amount of KRW 1,549,933 with respect to the Defendant.

Evidence: evidence No. 1 to 7, No. 17,

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