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(영문) 수원지방법원안산지원 2019.11.27 2019가단58165
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant C shall set out in attached list 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment project (hereinafter “instant project”) with respect to 162,616.1 square meters in Gwangjin-gu, Gwangju-si, and was granted authorization for the implementation of the instant project on October 28, 2016 from the Gwangju-gu, and was granted authorization for the implementation of the instant project on November 9, 2018, and the luminous-si announced the management and disposal plan for the instant project at that time (hereinafter “instant management and disposal plan”).

B. The Defendants possess each part of the real estate stated in the separate sheet in the business area of the instant case (hereinafter “each of the instant real estate”)

C. On August 12, 2019, the Gyeonggi-do Regional Land Tribunal: (a) determined the commencement date of expropriation as of September 26, 2019; (b) rendered an adjudication on the expropriation of losses for obstacles, etc. that exist in each of the instant real estate; and (c) on September 19, 2019, the Plaintiff deposited the full amount of compensation for losses arising from the said adjudication on expropriation of each of the instant real estate as the depositee.

[Ground] Defendant J: The non-contentious facts, Gap evidence Nos. 1 through 6 (which include each number; hereinafter the same shall apply) and the whole purport of the pleadings: The remaining defendants: The confession (Article 208(3)2 and Article 150(3) of the Civil Procedure Act)

2. When a management and disposal plan prescribed in the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is authorized and publicly announced, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or buildings shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). The fact that the management and disposal plan regarding the Plaintiff’s rearrangement project was authorized and publicly announced, and the fact that the Plaintiff deposited all the compensation to the Defendants pursuant to the adjudication of expropriation is as seen earlier

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