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(영문) 대전지방법원천안지원 2019.07.25 2018가단109062
건물명도(인도)
Text

1. The plaintiff, Ga.

Defendant B shall have the real estate listed in the attached Table 1 list, B.

Defendant C shall provide the real estate listed in the attached Table 2, C.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a Housing Redevelopment and Improvement Project Association (hereinafter “instant project”) that completed the registration of incorporation on December 26, 2012 with the authorization of establishment from the astronomical mayor on December 11, 2012 in order to implement the Housing Redevelopment and Improvement Project (hereinafter “instant project”).

B. On October 23, 2015, the Plaintiff obtained approval of the management and disposal plan concerning the instant project from the astronomical City Mayor, and the astronomical City Mayor publicly notified the management and disposal plan for the said project as F publicly notified on November 2, 2015.

C. Each of the real estates listed in the separate sheet 1-3 (hereinafter “each of the instant real estates”) is located within the instant project zone. Defendant B is the real estate listed in the separate sheet 1, Defendant C is the real estate listed in the separate sheet 2, and Defendant D is the owner of each of the real estate listed in the separate sheet 3.

The defendants do not apply for parcelling-out to the plaintiff within the period of application for parcelling-out or have withdrawn the application for parcelling-out in cash.

each defendant as stated in the subsection shall occupy the real estate of each defendant.

E. The Plaintiff filed an application for adjudication of expropriation with the Regional Land Expropriation Committee of Chungcheongnam-do, Chungcheongnam-do, where the agreement on cash clearing, including the Defendants, was not reached, and the Regional Land Expropriation Committee of Chungcheongnam-do, Chungcheongnam-do, on March 18, 2019, rendered a ruling of expropriation on May 1, 2019.

F. On April 30, 2019, the Plaintiff deposited the compensation for losses and additional charges for delay, which were determined on each of the instant real estate, as indicated in the following table.

Defendant B’s deposit number No. 861, No. 317,129,60 won in 2019 for Defendant C Daejeon District Court’s 2 Defendant C Daejeon District Court’s 2019, Defendant D Daejeon District Court’s Decision 392,174,020 won in 2019, Defendant D Daejeon District Court’s Decision 859, 349,532,560 won in 201, and the purport of the entire pleadings (which is grounds for recognition)

2. Determination

(a) Determination on the cause of the claim;

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