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(영문) 수원지방법원 안양지원 2018.10.10 2017가단125540
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant C shall set out in attached list 2.

Reasons

1. Determination as to the cause of claim

A. 1) During Ansan-si, the Plaintiff is an improvement zone (hereinafter “instant improvement zone”) with a size of 116,66.10 square meters in the H Il-gu Hayang-si.

2) Housing redevelopment project under the Housing Redevelopment Project Act (hereinafter “instant redevelopment project”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) for the purpose of this Act.

(2) On January 15, 2016, the Plaintiff obtained authorization for the establishment of a housing redevelopment project from the Ansan market on February 21, 2012, and the Plaintiff obtained authorization for the implementation of the redevelopment project within the instant rearrangement zone from the Ansan market on January 15, 2016, and on February 27, 2017, the management and disposal plan was publicly announced on the same day after receiving the approval for the management and disposal plan.

(3) Defendant E, from the Plaintiff’s partner I, Defendant B, C, D, F, and G respectively leased and occupied each of the relevant real estate listed in the separate sheet in the instant improvement zone from the cash clearing businessman who did not consent to the instant redevelopment project. (4) The Plaintiff applied for the adjudication of expropriation to the Gyeonggi-do Local Land Expropriation Committee (transfer) on April 9, 2018, the date of commencement of expropriation (transfer) was as of May 24, 2018; (45,00, the business compensation for Defendant B was as of KRW 9,073,30, the business compensation for Defendant C was as of KRW 9,675,00,00, the business compensation for Defendant C; and (4,675,000, the business compensation for Defendant G was determined as KRW 163,526,30,00, the business compensation for Defendant G, and the business compensation for Defendant G as at KRW 163,530,30,000.

5 Around June 2018, the Plaintiff acquired the ownership of each real estate listed in the separate sheet Nos. 1 through 3, 5, and 6, and the Plaintiff deposited the business compensation for Defendant B, C, D, and G on May 14, 2018.

In addition, on April 30, 2018, the Plaintiff paid KRW 3,475,00 as compensation for losses due to Defendant E and a ruling of expropriation, and on May 30, 2018.

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