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(영문) 의정부지방법원고양지원 2019.01.11 2017가합72655
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

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

Reasons

1. Basic facts

A. On July 18, 201, the Plaintiff is a housing redevelopment and consolidation project association established with approval for the establishment of a project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). The Defendants are co-ownership owners and occupants of each real estate listed in the separate sheet in the instant project implementation district (hereinafter “each of the instant real estate”).

B. On October 21, 2016, the Plaintiff obtained the approval of a project implementation plan from the high-sea market, which was publicly announced on October 25, 2016.

C. The Defendants became eligible for cash settlement because they did not apply for parcelling-out within the period from October 31, 2016 to November 29, 2016, which is the period of application for parcelling-out according to the project implementation plan, and from February 2, 2017 to March 9, 2017.

On August 29, 2017, the Plaintiff received the approval of the management and disposal plan from the Goyang market, which was publicly notified on the same day.

E. The Plaintiff filed an application for adjudication of expropriation with the competent local Land Tribunal under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”). The said Land Tribunal rendered an adjudication of expropriation of each of the instant real estate on April 9, 2018 and July 23, 2018, and the Plaintiff deposited compensation as determined by the adjudication of expropriation.

[Ground of recognition] Each entry of Gap evidence 1 through 11, 18 through 20, 24, 26, 35 through 42 (including paper numbers) and the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Determination of Grounds for Claims (wholly amended by Act No. 14567, Feb. 8, 2017), where a management and disposal plan is authorized and publicly announced, the right holder, such as the owner of the previous land or building, etc., shall have regard to the previous land or building until the date of public announcement of relocation under Article 54 of the former Act.

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