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(영문) 인천지방법원 2017.07.05 2017가단210586
건물명도(인도)
Text

1. The defendant shall deliver the real estate stated in the attached Table to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the whole area of Bupyeong-gu Incheon Metropolitan City C as its business area.

B. The Defendant is the former owner and occupant of the real estate indicated in the attached Table (hereinafter “instant real estate”).

C. The Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City to establish an association on December 16, 2009; the authorization to implement the project on August 22, 201; and the authorization to implement the management and disposal plan on February 29, 2016; and was publicly notified on the same date as the authorization to implement the management and disposal plan.

As the Plaintiff did not reach an agreement on the acquisition of the instant real estate, the Plaintiff applied for adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee, and the said Regional Land Expropriation Committee decided on October 25, 2016 on December 14, 2016 on the commencement date of expropriation.

On December 6, 2016, the Plaintiff deposited the full amount of compensation determined by the above expropriation ruling with the Defendant, and completed the registration of ownership transfer on December 14, 2017 with respect to the instant real estate on December 14, 2016.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is the owner and possessor at the time of expropriation of the real estate of this case, and the defendant is obligated to deliver the real estate of this case to the plaintiff as the project operator who completed the compensation for losses under the Public Works Act under Article 49 (6) of the Urban Improvement Act by depositing the compensation for losses as stipulated

The defendant asserts to the effect that "the amount of compensation determined by the expropriation ruling by the local Land Tribunal of Incheon Metropolitan City is less than that of the market price. It currently proceeds with the procedure of raising an objection to the above compensation, and it is necessary to preserve the site for the future accurate appraisal." However, it is impossible to respond to the plaintiff's claim.

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