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(영문) 수원지방법원 2020.01.16 2019가단540943
건물명도(인도)
Text

1. The Defendants fall under the Plaintiff as indicated in the “Indication of Real Estate to be extradited to each Defendant” subparagraph B of the attached Table.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a housing redevelopment and consolidation project association which obtained authorization for establishment from the Suwon-si Seoul Metropolitan Government on August 25, 2009 for the purpose of housing redevelopment and rearrangement project whose project implementation district consists of 126,830 square meters.

B. On June 15, 2012, the Plaintiff received the authorization for project implementation and the notification thereof from the Suwon Market, and the authorization for the management and disposal plan and the notification thereof on June 8, 2018.

C. The Defendants owned and occupied each Defendant’s real estate indicated in Section B of the “Indication of Real Estate to be extradited to each Defendant.”

As the Plaintiff did not hold a consultation with the building owners in the project implementation district, the Plaintiff filed an application for adjudication of expropriation, and the Gyeonggi-do Local Land Tribunal set the commencement date of expropriation on September 23, 2019 as November 7, 2019, and the Plaintiff decided to compensate for losses.

E. Accordingly, on October 21, 2019, the Plaintiff deposited KRW 382,624,60 for Defendant B, KRW 477,952,940 for Defendant C, and KRW 446,098,730 for Defendant D, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 10 (including documentary evidence numbered), the purport of the whole pleadings

2. Determination on the cause of the claim

(a) Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) provides that "any right holder, such as the owner, superficies, leasee, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4): Provided, That the same shall not apply where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor has not been completed,

B. We examine, as seen earlier, the management and disposition plan authorized by the Plaintiff on June 8, 2018.

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