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(영문) 인천지방법원 2019.04.25 2018가단260649
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. There is no dispute between the parties to judgment as to the cause of the claim, or comprehensively taking account of the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 5, the plaintiff is a housing redevelopment project partnership which has obtained an authorization for establishment on March 14, 2012, the plaintiff is subject to an approval for the establishment of the project on March 14, 2012; the plaintiff is subject to the approval for the management and disposal plan from the head of Bupyeong-gu Incheon Metropolitan Government on November 22, 2016; the head of Incheon Bupyeong-gu announced the approval for the above management and disposal plan on the same day; the defendant is a tenant of the real estate in the list of the real estate owned by D, the owner who did not apply for the application for the sale;

According to the above facts, the plaintiff is a project implementer who has received the public notice of approval of a management and disposal plan 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 defendant occupies and uses the real estate in the attached list in the project area, and thus the defendant is obligated to deliver each of

2. Judgment on the defendant's assertion

A. The defendant's assertion 1) The defendant did not receive the housing relocation expenses and the compensation for the loss of director's expenses (hereinafter "the first week").

(2) Since D, an owner of real estate owned by the Defendant, did not receive full compensation from the Plaintiff, the Defendant, who was authorized to use the real estate from D, does not yet bear the obligation to deliver the relevant real estate to the Plaintiff (hereinafter “the second Chapter”).

Judgment

1. Resettlement settlement funds, housing relocation expenses, and movable property transfer expenses recognized under Article 78(1) and (5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 41 of the Enforcement Decree of the same Act, and Articles 53 through 55 of the Enforcement Rule of the same Act, shall be the owners, etc. who reside in the zone where the relevant public works are performed.

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