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(영문) 수원지방법원 2019.12.12 2018가단559223
건물명도(인도)
Text

1. The Defendants deliver real estate “B” among the indications of real estate to which they are to deliver to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association that obtained authorization to establish an association from the Suwon City Mayor on August 25, 2009 to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with the area of 126,278 square meters G G in Suwon-si.

B. On June 8, 2018, the Plaintiff obtained approval of the management and disposal plan of the instant rearrangement project from the Suwon Market, and the Suwon Market announced the management and disposal plan of the said project on the same day.

C. The Defendants respectively possess each lessee of each of the pertinent real estate (hereinafter “each of the instant real estate”) indicated in the “mark of the real estate to be delivered” in the attached Table, located within the instant rearrangement project zone, as indicated in the “mark of the real estate to be delivered to each of the Defendant.”

【Reason for Recognition】 Each entry (including branch numbers, if any) of the evidence Nos. 1 through 6, and the purport of the whole pleadings

2. Determination

A. Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, lease on a deposit basis, etc. shall not use the previous land or building or profit therefrom by the date of public announcement of the management and disposal plan under Article 78 (4).” According to the above facts of recognition, the Defendants whose use or profit from each real estate of this case is suspended in accordance with the public announcement of the management and disposal plan for the rearrangement project of this case, are obliged to deliver to the Plaintiff who acquired the right to benefit from each of the real estate of this case, the Defendants, who acquired the right to benefit

B. As to this, Defendant B’s compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) has been completed to H, the owner of the real estate leased by himself, among each of the instant real estate.

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