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(영문) 수원지방법원 2019.01.29 2018가단515308
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B, C, D, and E are buildings listed in paragraph 1 of the attached list;

B. Defendant F shall be subject to paragraph 2 and 2 of the attached list.

Reasons

1. Facts of recognition;

A. On January 6, 2010, the Plaintiff is an association that obtained authorization for the establishment of a housing redevelopment project (hereinafter “instant rearrangement project”) with the area of 171,652m2 in Suwon-si, Suwon-si.

B. On March 23, 2017, the Plaintiff obtained approval of the management and disposal plan of the instant rearrangement project from the Suwon Market, and the Suwon Market publicly notified the said management and disposal plan on March 27, 2017.

C. Defendant B, C, D, and E are co-owners of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”) located within the instant rearrangement project zone, Defendant F is the owner of the real estate listed in the attached Table No. 2, 3, and 4 (hereinafter “real estate”) located within the instant rearrangement project zone, and Defendant I is the owner of the real estate listed in the attached Table No. 5 (hereinafter “real estate No. 5”) located within the instant rearrangement project zone, and is the owner of the real estate listed in the attached Table No. 5 (hereinafter “real estate

Defendant G leased and occupied the portion of the attached drawings No. 1, 2, 5, 6, 138 square meters and 3 real estate connected in order to each point of (a) the attached drawings No. 1, 2, 5, 6, 1, and 2 from Defendant F, and Defendant H leased and occupied the portion of (b) the attached drawings No. 2, 3, 4, 5, and 4, which are connected in order to each point of (a) the attached drawings No. 2, 3, 4, 5, and 2 from Defendant F.

On the other hand, the Plaintiff agreed with the owner to acquire land, buildings, etc. located within the instant improvement project zone, but applied for a ruling of expropriation as it did not reach an agreement due to the lack of compensation.

Accordingly, the Gyeonggi-do Local Land Tribunal made a ruling of expropriation on April 30, 2018 and October 1, 2018 (hereinafter “instant ruling of expropriation”) pursuant to Article 34 of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”). Of the instant ruling of expropriation, the land and buildings owned by Defendant B, C, D, and E, including the first real estate.

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