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(영문) 수원지방법원안산지원 2020.02.26 2019가단12374

건물인도

Text

1. The Plaintiff:

A. Defendant B shall have the entire strata of the real estate listed in the attached Table 1:

B. The defendant C shall be listed in the annexed Table 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 (hereinafter “instant rearrangement project”) pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) with the area of project (hereinafter “instant project area”) of 47,953 square meters per day in Gwangju-si.

B. On March 29, 2019, the Plaintiff obtained the authorization of the management and disposal plan concerning the instant rearrangement project from the Mine Market, and the said authorization was publicly notified on the same day.

C. The Defendants occupy each of the real estate listed in Paragraph (1) of this case (hereinafter “each of the instant real estate”) within the instant business zone.

On October 14, 2019, the Gyeonggi-do Regional Land Tribunal set the commencement date of expropriation as November 28, 2019 and rendered an adjudication on the expropriation of compensation for business losses of the Defendants. The Plaintiff deposited the Defendants as depositors, respectively, on or before the commencement date of expropriation.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. According to Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), a right holder, such as the owner, superficies, a person having a right to lease, a lessee, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, when a management and disposal plan is publicly notified pursuant to Article 78

However, the same shall not apply where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has not been completed.

Therefore, in order for a project implementer to receive land or buildings in the rearrangement zone owned by him/her from a person subject to cash settlement, the management and disposal plan is authorized and publicly announced.