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(영문) 인천지방법원 2018.10.04 2018가단203172
건물명도(인도)
Text

1. The defendant

(a) deliver the buildings listed in the separate sheet;

(b) From January 9, 2018, A.

a building described in the subsection.

Reasons

1. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a project implementer of the “C Residential Environment Improvement Project” whose business area covers 192,687.02 square meters in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and the buildings listed in the attached list (hereinafter “instant buildings”) are located within the said business area.

B. On July 22, 2016 and October 14, 2016, the Plaintiff obtained the authorization from the head of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu Office for the implementation of each project, and on March 8, 2017, the Plaintiff’s management and disposition plan was approved and announced on the same day.

C. The Defendant occupies and uses the instant building as its owner.

On September 26, 2017, the Plaintiff did not reach an agreement with the Defendant, filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Incheon Metropolitan City, and deposited KRW 324,858,70 of the expropriation compensation determined by the said adjudication of expropriation as the Incheon District Court No. 9760 on November 6, 2017.

E. On January 8, 2018, the Plaintiff completed the registration of ownership transfer based on confinement.

F. From January 9, 2018 to the date of the closing of argument in this case, the amount equivalent to the monthly rent of the instant building is KRW 136,000.

[Ground of recognition] A without dispute, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the result of a commission of appraisal to the appraisal corporation of this court, the purport of the whole pleadings

2. Determination

A. When a public announcement of approval of a management and disposal plan prescribed in Article 49(3) of the former Act on the Maintenance and Improvement of Urban Areas (Amended by Act No. 14567, Feb. 8, 2017; hereinafter the same) regarding the cause of a claim is given, the use and profit-making of the right holder, such as the owner, superficies, leasee, and lessee of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the foregoing recognition, the Plaintiff is in accordance with the provisions of the

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