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(영문) 인천지방법원 2017.09.06 2016가단243008
건물명도
Text

1. The Defendants constitute each Defendant listed in Section B of the “Indication of Real Estate to be extradited to each Defendant” in the attached Table to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and maintenance project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the total project area of Bupyeong-gu Incheon Metropolitan Government as its business area.

B. The Defendants are the owners (Defendant B, D) or possessors (Defendant C, and E) of each real estate indicated as “the indication of the real estate to be delivered” among the indications of the real estate to be delivered to each Defendant in the attached Table “B” (hereinafter “each of the instant real estate”).

C. The Plaintiff was authorized by the head of Bupyeong-gu Incheon Metropolitan City to establish an association on December 16, 2009; the authorization to implement the project on August 22, 201; and the authorization to implement the management and disposal plan on February 29, 2016; and was publicly notified on the same date as the authorization to implement the management and disposal plan.

On October 25, 2016 for the above improvement project, the Incheon Metropolitan City Regional Land Tribunal set the commencement date of expropriation on December 14, 2016 for the real estate held by Defendant B, and made a ruling of expropriation on December 1, 2016 for the commencement date of expropriation on the real estate held by Defendant D on January 25, 2017.

(hereinafter referred to as “instant acceptance ruling”). E.

On December 12, 2016, on January 18, 2017, the Plaintiff deposited the full amount of compensation determined by the instant expropriation ruling for Defendant D on December 12, 2016.

[Ground of recognition] Each entry of Gap evidence 1 to 10 (including a branch number for those with a serial number)

2. If a management and disposal plan is authorized and publicly announced pursuant to Article 49(6) and (3) of the Act on the Determination of the Grounds for Claims, use and profit-making of the previous owner, lessee, etc. of the subject matter shall be suspended, and the project implementer may receive and benefit from the subject matter in order to start the project (see, e.g., Supreme Court Decision 2009Da28394, Nov. 24, 201). Accordingly, according to the above facts acknowledged, the Defendants are obligated to deliver the pertinent real estate of each of the instant real estate to the Plaintiff, the project implementer,

3. Judgment on the defendants' assertion

A. The Defendants are housing on the same conditions as compensation for losses under the instant expropriation ruling.

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