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(영문) 수원지방법원 안양지원 2018.07.20 2017가합103608
부동산인도 등
Text

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

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association which completed the registration of incorporation on July 26, 201 with the authorization of the establishment from the Gyeyang-si mayor on July 25, 201 in order to implement a A district housing redevelopment and rearrangement project (hereinafter “instant project”) which has implemented the A district housing redevelopment and rearrangement project, which has implemented the A district housing redevelopment and rearrangement project (hereinafter “instant project”).

B. The Defendant is currently holding the instant real estate as a person who owned the instant real estate in the attached Form (hereinafter “instant real estate”) located within the instant business zone.

C. On September 22, 2015, the Plaintiff received authorization to implement the project on September 22, 2015 from the Ansan market, and then received the authorization to implement the project on November 24, 2016, and the said authorization to implement the project was publicly notified on the same date.

As the Plaintiff did not reach an agreement on compensation with the Defendant, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal of Gyeonggi-do. On November 27, 2017, the said Committee rendered an adjudication of expropriation by determining the expropriation commencement date as January 11, 2018 as KRW 124,90,000, total compensation for the Defendant with respect to real estate including the instant real estate, and obstacles.

On January 8, 2018, the Plaintiff deposited the full amount of the compensation with the Defendant as the principal depositee.

(No. 50) / [Reasons for Recognition] of this Court in 2018; Gap evidence No. 1; Gap evidence No. 2-11; Gap evidence No. 3, 4, 6, 7; Gap evidence No. 10-2; and Gap evidence No. 11-2; the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”), when a management and disposal plan under the same Act is authorized and publicly announced, and the compensation for losses arising from the expropriation of land, etc. is completed, the use and profit of the right holder, such as the owner of the previous land or buildings in the project district, shall be suspended and the project implementer may use and profit from

B. The above facts of recognition are as follows.

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