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(영문) 광주고등법원 2017.03.24 2016나14187

건물명도

Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project by making the Seoul Dong-gu F 59,535 square meters of land as a project implementation district.

B. On September 18, 2007, the Plaintiff received the authorization from the head of Gwangju Dong-gu to establish the association, the authorization to implement the project on April 30, 2015, and the authorization for the management and disposal plan on February 5, 2016 (hereinafter “the authorization for the management and disposal plan of this case”), respectively, and the head of Gwangju Dong-gu announced and corrected the authorization for the management and disposal plan of this case on February 5, 2016 and February 11, 2016.

C. The Defendants are owners of each relevant real estate indicated in the separate sheet located in the project implementation district (hereinafter “each of the instant real estate”) and are subject to cash settlement that did not apply for parcelling-out notwithstanding the Plaintiff’s notice of application for parcelling-out on May 21, 2015.

The Plaintiff filed an application for adjudication of expropriation with the Gwangju Regional Land Tribunal, which did not reach an agreement on compensation for losses with the Defendants regarding each of the instant real estate. On May 27, 2016, the commission rendered the adjudication of expropriation on July 11, 2016, with each of the following setting compensation for losses against the Defendants (hereinafter “instant adjudication of expropriation”).

Defendant D 41,040,00 won 90,731,450 won 131,771,450 won 23,35,50 won 23,35,50 won 120,641,50 won 120,640 won 150 won

E. On June 17, 2016, the Plaintiff deposited the full amount of compensation for losses due to the instant decision of acceptance.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 9, Gap evidence 18-1, 2, Gap evidence 25-1, 2, Gap evidence 31, 32, and the purport of the whole pleadings

2. Determination

A. The main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) concerning the cause of the claim refers to the public notice of the approval of the management and disposal plan pursuant to the provision of paragraph (3). When there is a result, the owner, superficies, leaseer, etc. of the previous land or building shall be the holder of the right