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(영문) 인천지방법원 부천지원 2021.01.08 2020가단112999
건물인도
Text

1. The Plaintiff, Defendant B, the real estate listed in Appendix 1, Defendant C, the real estate listed in Appendix 2, and Defendant C, the real estate listed in Appendix 2.

Reasons

Facts of recognition

In order to implement a housing redevelopment and improvement project (hereinafter “instant rearrangement project”), the Plaintiff is a housing redevelopment and improvement project partnership under the Urban Improvement Act, which completed the incorporation registration pursuant to the Urban and Residential Environment Rearrangement Act (hereinafter “Urban and Residential Environment Rearrangement Act”) with the first authorization for the establishment of an association from the Busan City on April 6, 201, with the authorization for the alteration of the establishment of an association on September 17, 2019, in order to implement the housing redevelopment and improvement project (hereinafter “instant rearrangement project”).

On November 5, 2019, the Seocheon City approved the management and disposal plan concerning the instant improvement project, and publicly notified it on November 11, 2019 by the JJ.

The Defendants occupy the pertinent real estate as the owners of each building listed in the separate sheet in the execution zone of the instant improvement project (hereinafter referred to as “each real estate of this case”).

On the other hand, on September 7, 2020, the Plaintiff was adjudicated on expropriation by the Gyeonggi-do Local Land Expropriation Committee as of October 22, 2020 on the commencement date of expropriation by the Gyeonggi-do Local Land Expropriation Committee, and on October 21, 2020 according to the above expropriation adjudication, the Plaintiff deposited compensation for losses related to the expropriation of each real estate of this case with the Defendants as the consignee.

[Grounds for recognition] The facts without dispute, Gap evidence Nos. 1 through 4, evidence Nos. 5-1, 3, 4, 5, 8, 10, and 11 of the evidence Nos. 5-1, 3, 4, 5, 8, 10, and 11 of the whole pleadings, and Article 81 (1) of the Urban Development Act as to the ground for a claim as a whole of the pleadings, when the former land or building owner, a person holding a right, a person holding a right, a lease right, etc., is publicly notified as a management and disposition plan, he/she shall not use or profit from the previous land or building until the date of the public notice of transfer under Article 86, and he/she shall be allowed to use or benefit from the former land or building (see Supreme Court Decision 2017Da260636, Aug. 20, 200). According to the above findings, the plaintiff is the project implementer for whom the management and disposition plan was authorized and the defendants are the owners of each real estate

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