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(영문) 의정부지방법원 2021.02.16 2020가단131646
토지인도
Text

1. The defendant shall in order to the plaintiff, each point of which is indicated in the separate sheet No. 1, 2, 3, 4, and 1, among the 179 square meters of land miscellaneous land in Gu Government-si.

Reasons

1. Basic facts

A. The Plaintiff obtained authorization for the establishment of an association on May 28, 2010, for the purpose of improving the urban environment and improving the quality of residential life through the business (hereinafter “instant improvement project”) of removing inferior buildings on the ground in the zone in which 37,022.0m2 is located in Do Government-si, and constructing a new building (hereinafter “instant improvement project”).

B. The progress of the instant rearrangement project is as follows.

1) On January 28, 2014, the authorization and public notice of a project implementation plan (Notice E in the Council of the Government) 2) March 13, 2020; the authorization and public notice of a management and disposal plan (Notice F in the Council of the Government)

C. The Defendant was the owner of 179m2 in Do Government-si, Do-si, and owned 15m2 inboard with each point of the attached Form 1, 2, 3, 4, and 1 among the above land.

(d)

On May 11, 2020, the Gyeonggi-do Local Land Expropriation Committee rendered a ruling of expropriation on June 25, 2020 with respect to the portion of 70/29 square meters out of 179 square meters and 179 square meters and 179 square meters and 126 square meters and 70/294 square meters and 126 square meters and miscellaneous land owned by the Defendant (hereinafter “the ruling of expropriation of this case”).

E. On June 25, 2020 with respect to the land size of 179 square meters in Do Government-si, the ownership under the Plaintiff’s name was transferred to the Plaintiff on July 13, 2020 as the registration office of the Government Office of the Do Government District Court on the ground of expropriation on June 25, 2020.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including each number for which there are several numbers), Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. Article 78(4) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act on the Maintenance and Improvement of Urban Areas”) provides that “When the head of a Si/Gun, etc. approves a management and disposition plan pursuant to paragraph (2), he/she shall publicly notify the details thereof in the official bulletin of the relevant local government.” The main text of Article 81(1) provides that “the owner, superficies, lease holder, etc. of the previous land or building shall have the right, such as the owner, superficies, lease holder, etc. of the previous land or building.”

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