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(영문) 수원지방법원 2020.01.21 2019가단540929
건물명도(인도)
Text

1. The Defendants’ real estate indicated in Section B, “A indicating the real estate to be delivered to each of the Defendant” in the attached Table to the Plaintiff.

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 consolidation project association that obtained authorization to establish an association from the Suwon City Mayor on August 25, 2009 for the purpose of housing redevelopment and rearrangement project with the area of project district of 126,830 square meters located in Suwon-si G in Suwon City.

B. On June 18, 2012, the Plaintiff received the authorization for project implementation and the public notice thereof from the Suwon Market, and the authorization for project implementation and the public notice thereof on June 8, 2018.

C. The Defendants occupy the said real estate as the owner of each corresponding real estate specified in Section B of the “Indication of the Real Estate to be extradited to each Defendant.”

The Plaintiff filed an application for adjudication of expropriation because it did not reach an agreement with the building owners in the project implementation district, and the Gyeonggi-do Local Land Tribunal set the commencement date of expropriation on September 23, 2019 as November 7, 2019 and decided to compensate for losses.

E. On October 30, 2019, the Plaintiff deposited KRW 396,926,410 for Defendant B (U.S. District Court No. 10766), KRW 617,067,450 for Defendant C (U.S. District Court No. 10637), KRW 546,212,830 for Defendant D (U.S. District Court No. 1070), KRW 395,297,240 for Defendant E (U.S. District Court No. 1072), KRW 253,17,00 for Defendant F (U.S. District Court No. 10778).

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

2. Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or benefit from the previous land or buildings until the date of public announcement of the approval for the management and disposal plan under Article 78 (4), if a right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings, is publicly notified.

Provided, That land, etc. for public works with consent from a project implementer or for such project.

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