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(영문) 수원지방법원안양지원 2017.10.18 2017가단102295
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall set out in attached list 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is, during Ansan-si, the Housing Redevelopment and Improvement Project Cooperatives (hereinafter “Urban Improvement Project Association”) with approval for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project on the land of 185,269 square meters of the Gu E-won 185,269.3 square meters.

B. Defendant B owned the aggregate building listed in the attached list No. 1, Defendant C owned the aggregate building listed in the attached list No. 2, and Defendant D owned the buildings listed in the attached list No. 3.

All of the above buildings are within the project implementation district, and the defendants did not apply for parcelling-out to the plaintiff.

C. On June 2, 2015, the Plaintiff obtained authorization for the implementation of a housing redevelopment project (hereinafter “instant redevelopment project”) from the Ansan market, and announced the same date. On April 22, 2016, the Plaintiff publicly announced the management and disposal plan on the same day after receiving the authorization for the management and disposal plan.

On January 2017, the Plaintiff filed an application for adjudication of expropriation to compensate for losses with the Gyeonggi-do Regional Land Tribunal. On June 12, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation on July 27, 2017.

E. On July 17, 2017, prior to the date of commencement of expropriation, the Plaintiff deposited KRW 179,60,000 for Defendant B, KRW 184,400,00 for Defendant C, and KRW 320,411,01 for Defendant D, respectively.

F. The Defendants are occupying each aggregate building listed in the attached list until now.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 9, 11 through 13 (including paper numbers), the purport of the whole pleadings

2. When an approval of the management and disposal plan prescribed in Article 49 (3) of the Act on the Determination of Grounds for Claims is publicly notified, the use and profit-making of the rightful persons, such as owners, superficies, persons holding superficies, leasers, etc. for the previous land or buildings shall be suspended pursuant to paragraph (6) of the same Article, and the

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