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(영문) 수원지방법원안양지원 2017.11.15 2017가단102080
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. The Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters in Ansan-si, Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 22, 2015, and was publicly announced on the same date.

The Defendant is the owner of the building listed in the attached Table (hereinafter “instant building”) located within the instant redevelopment project zone, who is a cash clearing businessman.

On June 12, 2017, the Gyeonggi-do Local Land Tribunal rendered a ruling of expropriation of the instant building, etc., and the Plaintiff deposited full amount of KRW 316,876,550 on July 17, 2017 with the Defendant as depositee.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 9-2, 10-2, 12, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. (1) Under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when the approval of a management and disposal plan for a redevelopment project and a public notice thereof are given, a right holder, such as the owner of the previous land or structure, shall not use or benefit from the previous land or structure without the consent of the project implementer until the date of public notice of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The purpose of Article 1 of the Act, the measures to implement a rearrangement project under Articles 36 through 45 of the Act, and Article 47 of the Act impose the project implementer the duty of settlement in cash on the owner of the land, etc. who is excluded from the sale, while the project implementer establishes a management and disposal plan that includes the contents

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