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(영문) 수원지방법원 2019.05.10 2018가단13246
건물명도
Text

1. The Plaintiff:

A. Defendant B (attached Form 1) No. 1-A

The indication of drawings (attached Form 2), 1, 2, 3.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that obtained the authorization of establishment on September 24, 2009, with the area of project implementation of 139,292 square meters in Suwon-si, Suwon-si E.

B. The Plaintiff obtained authorization of a project implementation plan on December 31, 2015, and received the authorization of the management and disposal plan on August 2, 2017.

The Suwon Mayor announced a management and disposal plan approved on August 2, 2017 (hereinafter referred to as the “instant notice”).

C. Defendant B (attached Form 1) No. 1-A

In the first floor of the real estate stated in the paragraph (2) (attached Form 2), the whole of the real estate indicated in the paragraph (2) of the part (A) of the ship (attached Form 1, 2, 3, 4, and 1 that connects each point in sequence, and the real estate (attached Form 1) is leased and possessed, and the defendant C and D (attached Form 1) occupy the real estate as the owner of the real estate listed in the list (attached Form 2).

After receiving the ruling of expropriation from the Gyeonggi-do Local Land Tribunal (the date of ruling on October 29, 2018, the date of expropriation; hereinafter “instant ruling of expropriation”), the Plaintiff deposited the Defendants with each of the compensation for losses set forth in the instant ruling of expropriation.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5 through 12, evidence 4-1 to 11, the purport of the whole pleadings

2. 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) shall apply at the time of the instant announcement under the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). However, according to Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (No. 14567, Feb. 8, 2017), the instant announcement is deemed to have been made under the amended Act, so the amended Act shall apply.

When the approval of a management and disposal plan is publicly announced, any right holder, such as the owner, superficies, person having a right to lease, lease, etc. of the previous land or building shall not use or benefit from the previous land or building until the public announcement of relocation is made pursuant to Article 86.

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