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(영문) 인천지방법원 2018.11.29 2017가단243500
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project with the area of project implementation of 23,109 square meters of KRW 23,109.7 square meters in Bupyeong-gu Incheon Metropolitan City.

B. On March 28, 2017, the head of Bupyeong-gu Incheon Metropolitan City authorizing the management and disposal plan for the Plaintiff, and announced it on the same day.

C. The Defendant is the owner of each real estate listed in the separate sheet in the project implementation district (hereinafter “instant real estate”) and is subject to cash settlement.

The Plaintiff filed an application for adjudication of expropriation with the Incheon Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on compensation with the Defendant, and the said Regional Land Expropriation Committee decided on February 23, 2018 on the commencement date of expropriation as of April 19, 2018 and rendered a ruling of expropriation.

E. On April 12, 2018, the Plaintiff deposited KRW 405,725,810 as compensation for losses in accordance with the expropriation ruling rendered by the Incheon District Court Decision No. 3685 in 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly announced, the owner of the previous land or building, superficies, leaseer, etc. shall not use or benefit from the previous land or building until the date of public announcement of relocation under Article 54.” The fact that the head of Bupyeong-gu Incheon Metropolitan City publicly announced the authorization of a management and disposal plan on March 28, 2017 by the head of Bupyeong-gu shall be as seen earlier.

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff who acquired the right to use and benefit from the instant real estate as the implementer of the instant improvement project.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion (1) The Defendant rendered a ruling on January 19, 2017 to the Plaintiff.

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