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(영문) 광주지방법원 2018.11.15 2018가단515352

건물명도(인도)

Text

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

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

Reasons

1. Determination as to the claim against Defendant E, F, and G

(a) Grounds for claims: as shown in the annexed sheet of grounds for claims;

Since then, the compensation procedure for Defendant F and G was completed.

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to claims against Defendant B, C, D, 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 (hereinafter “instant rearrangement project”). < Amended by Act No. 1318, Mar. 26, 2015; Act No. 13183, Mar. 26, 2015>

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

- Authorization to implement the project on March 31, 2017 - Public notice of authorization to implement the project on April 4, 2017 (J) - Public notice of authorization to implement the project on November 15, 2017 - Public notice of approval to implement the management and disposal plan on November 16, 2017 (3) of the management and disposal plan on November 16, 2017 (hereinafter referred to as “each building of this case”) is the owners of each real estate listed in the separate sheet located within the instant rearrangement project zone (hereinafter referred to as

(4) The Plaintiff deposited compensation for losses incurred by the adjudication against the said Defendants on September 19, 2018 in accordance with the adjudication of expropriation by the Seoul Metropolitan City Land Tribunal (as of August 9, 2018) (as of August 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, a notice of the approval plan for the management and disposal of the instant rearrangement project was given, and the Plaintiff against Defendant B, C, D, and H.