beta
(영문) 광주지방법원 2017.05.31 2017가단501059

건물명도(인도)

Text

1. Defendant B shall be listed in the attached list No. 2; Defendant C shall be listed in the attached list No. 5; Defendant D shall be listed in the attached list No. 6.

Reasons

1. As to the claim against the defendant B and C

A. 1) The Plaintiff is a housing redevelopment project partnership established with the area of 97,233 square meters in Dong-gu, Gwangju-gu, Gwangju-gu, and completed the registration of incorporation on June 24, 2008 with the authorization of the head of the Dong-gu, the competent authority on May 16, 2008. 2) The Plaintiff obtained the authorization of the implementation of the redevelopment project on September 23, 2015 from the head of the Dong-gu, the authorization of the implementation plan on April 29, 2016, and the authorization of the management plan was publicly notified on the same day.

3) Within the Plaintiff’s project implementation district, Defendant B owned the real estate listed in the attached Table 2, and Defendant C owned the real estate listed in the attached Table 5, respectively. 4) The Plaintiff filed an application for adjudication of expropriation with the Gwangju Regional Land Tribunal, which did not reach an agreement with the said Defendants, and received the adjudication of expropriation on March 15, 2017.

5) In the event that the Defendants did not receive the compensation determined in the above acceptance ruling, the Plaintiff deposited KRW 221,45,793 as to Defendant B, and KRW 573,035,40 as to May 11, 2017, respectively, around May 201, which was prior to the date of the commencement of the acceptance stipulated in the above acceptance ruling (amended by May 14, 2017), the Plaintiff deposited KRW 221,45,793 as to Defendant C, respectively. [Grounds for recognition] Facts that there is no dispute, evidence Nos. 1 through 3 (including the serial number), and the purport of the entire pleadings.

B. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and its notice is made, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public notice of transfer under Article 54 of the same Act, and the project implementer shall be entitled to use or profit from it. According to the above facts, according to the public notice of the management and disposal plan, the defendants whose use or profit has been suspended as the owner, have the duty to order the plaintiff who acquired the right to use