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(영문) 인천지방법원 2019.07.16 2018가단264146
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B delivers each real estate listed in the separate sheet No. 1;

B. Defendant C is attached Form 1.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and maintenance project association established to promote a housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with a business area of KRW 96,030,500,000,000,000,000,000,00

B. The head of Michuhol-gu Incheon Metropolitan City approved the management and disposal plan on November 13, 2017, and publicly notified it on the same day.

C. Defendant B is the owner of the attached Form 1’s real estate (hereinafter “attached Form 1’) contained in the foregoing project zone, and Defendant C is the person who occupies the attached Form 2(b) (hereinafter “attached Form 2(b)”) among the real estate attached to Defendant B as the attached Form 1’s attachment.

Defendant B did not apply for parcelling-out during the period of application for parcelling-out as determined by the Plaintiff.

On September 19, 2018, the date of commencement of expropriation was decided on November 13, 2018 for the expropriation and transfer of attached Form 1 real estate. On November 6, 2018, the Plaintiff deposited the compensation for losses due to the above expropriation ruling with Defendant B as a depositee.

[Ground for Recognition: Unsatisfy Facts, entry in Gap's Evidence Nos. 1 through 8, 12 through 14 (including paper numbers), the purport of whole pleadings]

2. The assertion and judgment

A. According to the main sentence of Article 81(1) of the Act on the Determination of the Grounds for Claims, when a management and disposal plan is authorized and publicly notified, the use and profit-making of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above findings, barring any special circumstance, the Defendants are obligated to complete the compensation for losses as the project implementer and deliver each part of possession

B. Determination 1 on the Defendants’ assertion 1) Defendant B’s assertion is an expropriation of real estate ownership.

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