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(영문) 인천지방법원부천지원 2017.06.14 2016가단118631
건물명도
Text

1. The Plaintiff, Defendant B, and Defendant C, respectively, are the buildings listed in the separate sheet No. 1, and the buildings listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) on the scale of 40,431.4 square meters in Seocheon-gu, Seocheon-gu, Seocheon-gu.

B. The Plaintiff was authorized to establish an association on May 8, 2009, authorization for the implementation of the project on February 26, 2010, authorization for the implementation of the project on July 25, 2013, and authorization for the implementation of the management and disposition plan on May 9, 2016 (hereinafter “instant management and disposition plan”), and the Non-cheon City announced the instant management and disposition plan on May 16, 2016.

C. The building listed in the separate sheet No. 1 (hereinafter referred to as “instant building”) is owned by Defendant B and the building listed in the separate sheet No. 2 (hereinafter referred to as “instant building”) respectively by Defendant C, and is located within the site for the instant improvement project.

The above Defendants become eligible for cash settlement because they did not apply for the application for parcelling-out during the period of application for parcelling-out.

On February 27, 2017, the Gyeonggi-do Local Land Tribunal decided on the commencement date of expropriation on April 13, 2017, and rendered a ruling of expropriation with the purport that the Plaintiff accepts the instant real estate and pays compensation for the loss (hereinafter “instant ruling of expropriation”).

E. According to the ruling of acceptance of the instant case, the Plaintiff deposited KRW 1,005,323,160, and KRW 372,897,60 as Defendant C’s trustee in bankruptcy at the Incheon District Court Branch Branch No. 201071, Apr. 12, 2017, respectively, with Defendant C’s trustee in bankruptcy as the deposit account for the instant building, etc. as the deposit account for KRW 1,005,323,160, and KRW 372,897,60 as of April 12, 2017.

[Ground of recognition] Facts without dispute between the parties, entry of Gap evidence Nos. 1 through 12 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts of recognition, since the management and disposal plan of the Plaintiff was publicly announced in the bulletin of Bupyeong-si and the Plaintiff completed the compensation for losses to the real estate of this case, acquisition and acquisition of land, etc.

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