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(영문) 인천지방법원 2019.06.13 2018가단259243
건물명도(인도)
Text

1. The Defendants shall deliver to the Plaintiff the real estate indicated in the attached Form.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established on June 7, 2010 with authorization from the head of Bupyeong-gu Seoul Metropolitan Government in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) that designates the Bupyeong-gu Incheon House H as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Defendants possess the instant real estate as co-owners of the real estate in the attached Form (hereinafter “instant real estate”) located within the instant business zone.

C. On January 8, 2018, the Plaintiff was authorized by the head of Bupyeong-gu, the head of Bupyeong-gu, to execute the instant management and disposition plan (hereinafter “instant management and disposition plan”), and the said management and disposition plan was publicly announced on the same day.

The Defendants did not join the Plaintiff Union, and there was no agreement on compensation for losses between the Plaintiff and the Defendants.

On September 19, 2018, the Plaintiff applied for the adjudication of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee, and the said Committee made a ruling of expropriation of the instant real estate, etc. (the starting date of expropriation is November 13, 2018).

E. On November 8, 2018, the Plaintiff deposited the land, building and business rights (transfer expenses) stipulated in the said adjudication of expropriation with the Defendants as the deposited parties.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Article 81 (1) (main sentence) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, leasee, leasee, etc. shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78 (4), if the public announcement of the approval plan is made under Article 86, and Article 71 (2) of the same Act provides that “the project implementer shall not use or benefit from the existing land or building

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