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(영문) 광주지방법원 2018.11.15 2018가단515192

건물명도(인도)

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1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Grounds for claims against Defendant B, C, D, E, I, J, and K: as shown in the reasons for the claims in the annexed sheet;

The compensation procedure against the above Defendants was completed.

(2) Defendant B, C, E, I, J, K: Judgment on deemed confession (Article 208(3)2, Article 150(3)3 of the Civil Procedure Act) (Article 208(3)2, Article 150(3)3): Defendant D by service by publication (Article 208(3)3 of the Civil Procedure Act).

2. Claim against Defendant F, G, and H

A. (1) The Plaintiff is a housing redevelopment improvement project partnership with the approval of establishment on March 23, 2015 for the purpose of implementing the housing redevelopment improvement project for the Gwangju North-gu Lone (hereinafter “instant improvement project”).

(2) The progress of the instant rearrangement project is as follows.

- Authorization for project implementation on March 31, 2017 - Public notice of project implementation authorization on April 4, 2017 (Public notice M) - Public notice of approval for the management and disposal plan on November 15, 2017 - Public notice of approval for the management and disposal plan on November 16, 2017 (3) the aforementioned Defendants are owners of real estate listed in the attached list (hereinafter “instant building”) located within the instant rearrangement project zone, subject to cash settlement.

(4) The Plaintiff deposited compensation for losses incurred by the adjudication against the said Defendants on September 20, 2018 in accordance with the adjudication of expropriation by the Seoul Metropolitan City Land Tribunal (as of August 9, 2018).

B. (1) Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “The owner, superficies, person having a right to the previous land or building, leaser, etc. shall not use or profit from the previous land or building by the date of the public announcement of the approval of the management and disposal plan under Article 78(4), if the public announcement of the transfer under Article 78(4) is made: Provided, That this shall not apply to cases where the compensation for losses under the Act on the Acquisition of Land, etc.

(2) According to the above facts of recognition, the improvement project of this case is concerned.