beta
(영문) 광주지방법원 2019.02.14 2018가합55581

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

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

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that has been established with the area of project implementation of the Dong-gu Seoul metropolitan area of 86,661.30 square meters.

B. On January 27, 2014, the Plaintiff was authorized by the head of Gwangju Dong-gu to establish the association, the authorization to implement the project on May 31, 2016, and the authorization for the management and disposal plan on December 5, 2017, and the head of Gwangju Dong-gu announced the approval for the management and disposal plan.

C. The Defendants own each real estate listed in the separate sheet in the Plaintiff’s project implementation district.

The Plaintiff filed an application for adjudication of expropriation with the Seoul Metropolitan City Regional Land Expropriation Committee, which did not consult with the Defendants on the compensation for losses.

On October 31, 2018, the above local land expropriation committee set the commencement date of expropriation as of November 30, 2018, and made a ruling of expropriation and correction on each real estate owned by the Defendants.

(hereinafter referred to as “instant acceptance ruling”). E.

On October 23, 2018 and November 21, 2018, according to the instant ruling of acceptance, the Plaintiff deposited compensation for losses for Defendant C, D, E, and F respectively as follows. On November 15, 2018, the Plaintiff entered into an agreement with Defendant B on acquisition.

Gwangju District Court Decision 7145No. 87,881,950 won (Daju District Court Decision 6357No. 6357,165,100,000 won (No. 7146No. 286,218,800) of the 2018 Gwangju Gwangju District Court Decision 7147 No. 71,728,800 (No. 6362,940,00) of the 2018 Friju District Court Decision 6362 No. 21,940,000 of the 2018 Friju District Court Decision 7148,50,417,850 [Grounds for recognition]

(a) Defendant D, E, and F: The fact that there is no dispute, each entry in Gap evidence 1, 2, and 9 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings;

(b) Defendant B and C: Confession deemed as confession;

2. Determination

A. The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding claims against Defendant D, E, and F refers to the previous land or structure when the approval of the management and disposal plan is publicly notified.