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(영문) 인천지방법원 2019.07.17 2018가단265804
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. Basic facts

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established on May 11, 2009 with authorization from the head of Bupyeong-gu Incheon Metropolitan City, in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with approximately approximately KRW 57,977 square meters of land in Bupyeong-gu, Incheon Metropolitan City as a project implementation district.

B. The Defendant owned the real estate indicated in the attached list located in the instant project zone (hereinafter “instant real estate”) and possessed the instant real estate up to now.

C. On October 4, 2018, the Plaintiff received the approval of the management and disposal plan from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, and the management and disposal plan was publicly notified on the same day.

The defendant lost the status of the plaintiff's member as a result of failing to apply for parcelling-out during the period of application for parcelling-out, and the plaintiff applied to the Incheon Metropolitan City Regional Land Expropriation Committee for expropriation of the land of this case and its obstacles including this case.

Accordingly, on May 2, 2019, the said commission rendered a ruling of expropriation of the instant real estate, etc. (the date of commencement of expropriation is June 26, 2019).

E. On June 24, 2019, the Plaintiff deposited KRW 310,94,700 (land 263,590,800, including the instant real estate, etc.), totaling KRW 47,353,900, as the person who deposited the Defendant as the person who deposited the Defendant on May 2, 2019, and deposited KRW 20,195,619, including resettlement funds, housing relocation expenses, and director expenses, etc. on June 25, 2019.

[Ground of recognition] Each entry of Gap 1-10 and 12 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The management and disposal plan of the instant project was authorized and publicly announced as seen in the above facts of recognition as to the cause of the claim. The Plaintiff deposited all the real estate of this case, which was determined by the expropriation decision with the Defendant as the depositee, prior to the commencement date of expropriation of compensation, and the Plaintiff’s relocation settlement money with the Defendant as the depositee.

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