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(영문) 대구지방법원 2020.01.03 2019가단128139

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the building indicating the attached real estate.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that has obtained authorization to establish a housing redevelopment project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project in Daegu Jung-gu with a project zone (hereinafter “instant project”).

B. On August 13, 2018, the Plaintiff received the approval of the management and disposal plan from the head of the Gu among Daegu Metropolitan City, which was publicly notified on August 20, 2018.

C. The Defendant is the owner of the attached real estate indicated in the business territory of the instant case (hereinafter “instant building”).

C. On July 15, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee set a total of KRW 773,148,590 for the Defendant including the instant building at KRW 773,148,590, and decided on the commencement date of expropriation on September 10, 2019.

(hereinafter referred to as “instant adjudication.” Accordingly, on September 4, 2019, the Plaintiff deposited the above KRW 773,148,590 with the Defendant as the principal deposit.

[Ground of recognition] Unsatisfy, Gap's entries in Gap's 1 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. According to Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), a right holder, such as the owner, lessee, etc. of a previous land or structure, shall not use or benefit from the previous land or structure until the date of the public announcement of transfer, except where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”) is not completed when

(Article 81(1). In addition, according to the Public Works Act (Article 62(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents), a project operator shall acquire the ownership of land or goods at the commencement date of expropriation decided by the competent Land Tribunal by adjudication (Article 45(1)), and an owner of goods expropriated.