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(영문) 인천지방법원 2017.07.21 2016가단243091
건물명도
Text

1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose business area covers H GJ large 39,461.5 square meters in Bupyeong-gu, Incheon pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The indication of real estate to be delivered to the Defendant in attached Form 2, each of the real estate (hereinafter “each of the instant real estate”) is located within the above business area.

B. The Plaintiff obtained authorization from the head of Bupyeong-gu Incheon Metropolitan City head of the Gu on December 16, 2009 for the establishment of the association, and the implementation of the project on August 22, 201, respectively, and on February 29, 2016, the Plaintiff’s management and disposition plan was approved and announced on the same day.

C. The Defendants are occupying and using each of the instant real estate as the owner or lessee.

The Plaintiff filed an application for adjudication of expropriation with the Defendants and the competent Regional Land Tribunal of Incheon Metropolitan City, and the said Land Tribunal set the commencement date of expropriation on October 25, 2016 against Defendant B as December 14, 2016; and the commencement date of expropriation on December 1, 2016 for Defendant E, as January 25, 2017.

E. On December 6, 2016, the Plaintiff deposited the deposited amount as Defendant B, and on January 18, 2017, the deposited amount was deposited as Defendant E by having the deposited amount deposited.

바. 관련규정 ◎ 도시정비법 제40조(공익사업을위한토지등의취득및보상에관한법률의 준용) ① 정비구역안에서 정비사업의 시행을 위한 토지 또는 건축물의 소유권과 그 밖의 권리에 대한 수용 또는 사용에 관하여는 이 법에 특별한 규정이 있는 경우를 제외하고는 「공익사업을 위한 토지 등의 취득 및 보상에 관한 법률」을 준용한다.

Provided, That the criteria and procedures for compensation for losses following the implementation of rearrangement projects may be separately prescribed by Presidential Decree.

Article 49 (Perusal of Management and Disposal Plans and Its Authorization Procedures) (2) The head of a Si/Gun shall formulate a management and disposal plan for the project implementer.

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