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(영문) 인천지방법원 2019.04.18 2018가단267541
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in Gap's evidence Nos. 1, 2, 6, and 8 (including household numbers; hereinafter the same shall apply), the plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers 96,030.50 square meters (including land indicated in the attached list) of 676 parcel C Won-gu, Michuhol-gu, Incheon, and the plaintiff is subject to the approval of the management and disposal plan from the head of Michuhol-gu, Incheon (the head of Michuhol-gu at the time of November 13, 2017), and the fact that the head of Michuhol-gu, Michuhol-gu, Incheon announced

According to the above facts, the plaintiff is a project implementer who has received public notice of approval of a management and disposal plan pursuant to the provisions related to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the defendant occupies and uses each real estate listed in the attached list in the project area, and thus the defendant is obligated to deliver the above real

2. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Plaintiff’s assertion is the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor (hereinafter “Land Compensation Act”).

(1) A failure to perform the obligation to compensate for losses (hereinafter referred to as “section 1”)

(2) The Defendant did not receive the resettlement funds, housing relocation expenses, and directors’ expenses.

(hereinafter referred to as the “section 2”). A revocation suit concerning each real estate listed in the separate sheet is pending, and an objection was raised against the D Committee (hereinafter referred to as the “Section 3”).

B. B. 1) The Plaintiff deposited the compensation for losses and the business compensation according to the E Committee’s ruling, in full view of the purport of the entire pleadings in each of the statements in Gap’s evidence Nos. 8 through 10 (including additional numbers).

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