logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.05.22 2018가단236813
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Appendix 1 list;

B. Defendant C shall provide the real estate listed in the annex 2 list.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a project implementer of a housing redevelopment improvement project (hereinafter “instant project”) whose business area covers the area of 76,157 square meters in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and each real estate listed in the attached

B. On November 22, 2016, the Plaintiff obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu for the instant management and disposition plan, and the said management and disposition plan was publicly announced on the same day.

C. Defendant B is the owner of the real estate listed in the separate sheet No. 1, and Defendant C occupies the real estate listed in the separate sheet No. 2, which is the first floor of the real estate listed in the separate sheet No. 1.

Defendant B did not apply for a parcelling-out to the Plaintiff, thereby becoming a cash liquidation agent, and applied for a ruling of expropriation to the Incheon Metropolitan City Regional Land Expropriation Committee as the Plaintiff and Defendant B did not reach an agreement on compensation.

On July 11, 2018, the Committee rendered a ruling of expropriation for the land on which the real estate listed in attached Table 1 is located (the date of commencement of expropriation shall be September 4, 2018), and on November 16, 2018, rendered a ruling of expropriation for the real estate listed in attached Table 1 (the date of commencement of expropriation shall be December 26, 2018).

E. On September 4, 2018, the Plaintiff deposited KRW 207,860,400 for compensation for losses on the land as determined by the ruling of expropriation rendered on July 11, 2018, with Defendant B as the depositee. On December 26, 2018, Defendant B deposited KRW 68,556,410 for compensation for losses on the building, etc. as determined by the ruling of expropriation rendered on November 16, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings

2. Determination

(a) The main sentence of Article 81(1) of the Act on the Determination of Grounds for Claims shall be construed as “the owners, persons with superficies, persons having leaseholds, etc. of the previous land or buildings” when the approval of the management and disposal plan under Article 78 (4) is publicly notified, the transfer under Article 86 shall be publicly notified.

arrow