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(영문) 수원지방법원 안산지원 2021.01.13 2020가단76527
건물인도
Text

The Plaintiff

(a) Defendant B Co., Ltd. shall have the real property listed in the annex No. 1,

B. Defendant C is written in the Appendix No. 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) pursuant to the Act on the Improvement of Urban and Residential Environments (hereinafter “Urban and Residential Environments Act”) with the size of H 90,772 square meters as a project implementation area in the Gwangju-si, Gwangju-si.

B. On January 28, 2020, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on the same day.

(c)

Defendant B Co., Ltd. carries on the business by occupying the real estate listed in the separate sheet No. 1; Defendant C, the real estate listed in the separate sheet No. 2; Defendant D, the real estate listed in the separate sheet No. 3; Defendant E, the real estate listed in the separate sheet No. 4; Defendant F, the real estate listed in the separate sheet No. 5; and Defendant G, the real estate listed in the separate sheet No. 6 (hereinafter “each real estate of this case”).

(d)

The Gyeonggi-do Local Land Expropriation Committee set the commencement date of expropriation on October 7, 2020 as November 20, 2020 and decided to accept the defendants' compensation for each real estate of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12 (including various numbers if there is a number) and the purport of the whole pleadings

2. When a management and disposal plan prescribed in the Act on the Non-Act on the Prevention of Claims is authorized and publicly announced as to the cause of claims, the use and profit of the right holder, such as the owner of the previous land or building and the lessee of the superficies, shall be suspended, and the project implementer may use and profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010, etc.). The Plaintiff’s public announcement of the management and disposal plan regarding the instant rearrangement project is identical as seen earlier, and the Plaintiff shall acquire the right to benefit from each of the instant real estate located within the instant rearrangement

Therefore, barring any special circumstance, the Defendants each of the instant cases against the Plaintiff.

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