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(영문) 수원지방법원안양지원 2017.10.27 2017가단102394
건물명도(인도)
Text

1. Among the buildings listed in the attached list to the Plaintiff, Defendant B’s branch floor, and Defendant C’s first floor are transferred to the Plaintiff.

2...

Reasons

1. Facts of recognition;

A. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters in Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 2, 2015, and was publicly notified of the management and disposal plan on April 22, 2016.

B. The Defendants leased and possess the real estate indicated in the attached list (hereinafter “instant building”) located within the redevelopment zone of the instant case from E.

C. On June 12, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation of the instant building, etc. (hereinafter “instant ruling of expropriation”), and the Plaintiff deposited full amount of KRW 763,100 as compensation for losses on July 18, 2017 with Defendant B as the depositee on July 18, 2017, and Defendant C as compensation for losses on July 25, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 10 (including virtual number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval and announcement of a management and disposal plan for a redevelopment project is made, the owner, superficies, leasee, etc. of the previous land or structure may not use or profit from the previous land or structure without the consent of the project operator until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Article 36 or 45 of the Act on the Improvement of Urban Areas

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