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(영문) 인천지방법원 2019.05.23 2018가단221743
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant C: the real estate listed in [Attachment C] Section 2;

(b) Schedule I, Section 4.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in each statement in Gap's evidence Nos. 1 through 7 (including each number; hereinafter the same shall apply), the plaintiff is the Housing Redevelopment and Development Project Association approved on October 4, 2010 by designating the project implementation district of 129,323 square meters (including real estate recorded in the attached list of the Michuhol-gu Incheon Metropolitan City, and the area of the zone is changed to 129,599 square meters) of the Ma, Michuhol-gu, Incheon as the owner of each real estate indicated in the attached list that did not apply for an application for an attachment, and the plaintiff was subject to the approval of the management and disposal plan from the head of Michuhol-gu Incheon Metropolitan Government (the head of Michuhol-gu, Incheon) on June 19, 2017, and the head of Michuhol-gu, Incheon (the appointed party), the defendant B, the

According to the above facts, the Plaintiff is a project implementer for whom the approval of the management and disposal plan was publicly announced pursuant to the provisions related to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the Defendants possess and use each real estate listed in the separate sheet in the business area. Therefore, the Defendants are obligated to deliver each real estate to

2. Judgment on the defendants' assertion

A. The Defendants’ assertion 1) The Plaintiff filed the instant lawsuit before a ruling of acceptance was rendered to infringe the Defendants’ property rights. As such, the instant lawsuit is unlawful and dismissed as it abused the Plaintiff’s right of lawsuit (hereinafter “instant Claim 1”).

2) The Defendants were unable to comply with the Plaintiff’s claim, as they did not receive compensation from the Plaintiff under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(hereinafter “Chapter 2”). 3 The designation and public notice of the instant project area is invalid at source as it does not exist.

In addition, this case.

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