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(영문) 의정부지방법원 고양지원 2018.10.17 2017가단80406
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of the lawsuit shall be individually considered.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment project by using the area of the H 40,404m2 in Gyeyang-gu, Seoyang-gu, Yangyang-gu as the project implementation district. The Plaintiff was granted authorization for the establishment of the redevelopment association on July 18, 201 from the high-sea market, the authorization for the implementation of the redevelopment association on October 25, 201, the authorization for the implementation of the development project on October 25, 201, and the authorization for the management and disposal plan on August 29, 2017, and the authorization was publicly announced

B. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is located within the said project implementation zone, and was owned by I, J, K, L, and M, which is subject to cash settlement in order.

The Defendants occupy each of the pertinent real estate as the lessee of each of the instant real estate.

C. On April 9, 2018, the Plaintiff received a ruling of expropriation from the owners of each real estate of this case on April 9, 2018 following the same year.

5.8. Deposit of compensation for losses as determined by the expropriation ruling for each of the above owners and the same year;

6. 11. The registration of ownership transfer for each real estate of this case is completed.

[Reasons for Recognition] The entry of Gap 1 to 45 and the purport of the whole pleadings

2. Determination

A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54, when there has been the public announcement (referring to the public announcement of approval of the management and disposal plan) under paragraph (3): Provided, That the same shall not apply to the case of the right holder whose consent has been obtained from the project implementer or whose compensation has not been completed under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor. Therefore, when the management and disposal plan is authorized and the compensation for losses has been completed due to the expropriation of the land, etc., the previous owner, etc. of the land or

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