logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.10.23 2019가단225704
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) by using the total area of 122,413 square meters in Gyeyang-gu Incheon Metropolitan City D as a project implementation district.

B. On October 19, 2018, the Plaintiff obtained authorization of the management and disposal plan concerning the instant project from the head of Gyeyang-gu Incheon Metropolitan City, and the head of Gyeyang-gu publicly announced the authorization of the management and disposal plan on the same day.

C. The Defendant was the owner of the real estate indicated in the separate sheet located in the instant project zone (hereinafter “instant real estate”).

On November 28, 2018, the Plaintiff filed an application for a ruling of expropriation with the Defendant on the compensation of losses, and received a ruling of expropriation from the Incheon Metropolitan City Regional Land Tribunal on January 22, 2019 on the commencement date of expropriation of the instant real estate, and deposited the Defendant as a depositee on January 22, 2019.

E. The defendant has occupied and used the real estate of this case until now.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The main sentence of Article 81(1) of the Act on the argument and Determination of Urban Improvement provides that any right holder, such as the owner, superficies, person having a right to lease, and lessee 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 transfer when the approval of the management and disposal plan is publicly notified. Except as otherwise provided in this Act, the Act on the Public Works Projects shall apply mutatis mutandis to the expropriation or use of the ownership and other rights of the land or building for the implementation of a rearrangement project within a non-district. According to Article 40(1) of the Public Works Act, a project operator is governed by

arrow