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(영문) 광주지방법원 2019.01.11 2018가단515413

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B delivers the real estate listed in the Appendix 1 List;

B. Defendant D, E, and F are from the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the Housing Redevelopment Improvement Project Association with the approval of establishment on March 23, 2015 for the purpose of implementing the Housing Redevelopment Improvement Project for the Gwangju North-gu G Group (hereinafter “instant rearrangement Project”).

B. The progress of the instant rearrangement project is as follows.

- Authorization to implement the project on March 31, 2017 - Public announcement of authorization to implement the project on April 4, 2017 (Public announcement H) - Public announcement of authorization to implement the project on November 15, 2017 - Public announcement of approval to implement the management and disposal plan on November 16, 2017 (Public notification I of Gwangju Metropolitan City North-gu)

C. Defendant B is the owner, Defendant D, E, and F of the building listed in the separate sheet No. 1 list, who was the heir of the network C, the owner of the building listed in the separate sheet No. 2 list.

The net C died on October 3, 2018 when the instant lawsuit was pending, and Defendant D, E, and F took over the instant lawsuit.

The Plaintiff deposited each of the compensation for losses in September 19, 2018, according to the adjudication of the Gwangju Metropolitan City Land Expropriation Committee (Seoul Metropolitan City, August 9, 2018).

E. Meanwhile, the settlement cost recognized to the network C is KRW 12,00,000, the relocation cost is KRW 14,191,180, and the relocation cost of movable property is KRW 1,923,977.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Urban Improvement Act”) provides that “Any right holder, such as the owner, superficies, person having a right to lease, lease, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4): Provided, That this shall not apply where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor is not completed.”

According to the above facts of recognition, the management and disposal plan authorized for the instant rearrangement project on November 16, 2017.