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(영문) 광주지방법원 2020.10.29 2020가단508265

건물인도

Text

The Plaintiff

A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of a housing redevelopment improvement project (hereinafter “instant project”) with a size of 126,433.60 square meters in Gwangju Dong-gu E-gu as a rearrangement zone and obtained authorization to establish an association on August 29, 2007.

B. On February 20, 2017, the head of the Dong-gu Gwangju Metropolitan City approved and publicly notified the implementation of the instant project, and on July 27, 2018, the management and disposal plan for the instant project was approved and publicly notified.

C. The Defendants are owners of each building listed in the separate sheet in the instant project zone (hereinafter “each building of this case”) and are subject to cash settlement.

Defendant B possessed the instant building as the owner of the building listed in attached list No. 1 (hereinafter “instant building”) and the Defendant C occupies the instant building as the owner of the building listed in attached list No. 2 (hereinafter “instant building”). Defendant D occupies the instant building as the owner of the building listed in attached list No. 3 (hereinafter “instant third building”). Defendant D occupies the instant third building as the owner of the building listed in attached list No. 3 (hereinafter “instant third building”).

On July 1, 2020, the Plaintiff deposited KRW 60,250,000 as compensation for losses under the instant confinement ruling with the Gwangju Metropolitan City District Land Tribunal’s Regional Land Tribunal’s deposit of Defendant C as the principal on August 20, 2020 (hereinafter “instant expropriation ruling”); on August 19, 2020, the Gwangju District Court’s deposit of Defendant B as the principal deposit in the instant expropriation ruling with the Gwangju District Court’s District Court Decision 2020No 6516, August 19, 2020; and on August 19, 2020, the Plaintiff deposited Defendant C as the principal deposit of Defendant C as the principal deposit; and on August 20, 2020, the Gwangju District Court’s deposit of Defendant D as the principal deposit in accordance with the Gwangju District Court’s Decision 60,250,000 won as compensation for losses under the instant expropriation ruling. < Amended by Act No. 64593, Aug. 19, 20200>

[Ground of recognition] Defendant B and D: A without dispute, each entry of Gap evidence Nos. 1 through 7 (including each number), and the purport of the whole pleadings as to the purport of defendant C: Confession (Article 150(3) of the Civil Procedure Act).