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(영문) 인천지방법원 2019.05.23 2018가단251102
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant (Appointed Party) B, and Appointed C, real estate listed in the separate sheet No. 1;

(b) Selected D.

Reasons

1. There is no dispute between the parties to the determination on the cause of the claim, or comprehensively taking into account the purport of the entire pleadings in Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), the plaintiff is a housing redevelopment project partnership which has obtained authorization for the establishment of a project on March 14, 2012; the plaintiff is subject to the approval for the establishment of a project on March 14, 2012 from the head of the Incheon Bupyeong-gu Incheon Bupyeong-gu Office on the same day; the head of the Incheon Bupyeong-gu Office publicly announced the approval for the management plan on the same day; the defendant (appointed party) B, the selected party C, and D (hereinafter referred to as the "defendants") who did not apply for the sale; or the owner who leased it to the owner (the appointed party B and the selected party C); or the owner who occupied and used each real estate listed in the separate sheet (D).

According to the above facts, the Plaintiff is a project implementer for whom the approval of the management and disposal plan was publicly announced 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 Defendants possess and use each real estate listed in the separate sheet in the business area. Therefore, the Defendants are obligated to deliver each real estate to

2. Determination as to the Defendant (Appointed Party)’s assertion

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

The obligation to compensate for losses was not fulfilled, and the evaluation of some obstacles, such as floor packaging and entrance, was omitted in the course of the Incheon Metropolitan City local Land Tribunal's ruling on expropriation of the real estate listed in the attached list 1, and the compensation for losses was not made for the omitted obstacles, and even if there was no adjudication on expropriation, even if there was no adjudication on expropriation, it cannot be a complete compensation.

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