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(영문) 광주지방법원 2019.01.29 2018가단511275

건물명도(인도)

Text

1. The Plaintiff:

(a) Defendant B and C are buildings listed in paragraph 1 of the attached Table;

B. Defendant D shall be listed in paragraph 2 of the attached Table.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in the first day of Gwangju Metropolitan City North-gu I.

B. The Plaintiff obtained authorization to establish an association from the head of Gwangju Metropolitan City North Korea, and obtained authorization to implement the project on September 12, 2016.

After that, on March 20, 2018, the management and disposal plan of the instant project was authorized, and the said authorization was publicly announced on March 24, 2018.

C. The Defendants are owners of each of the pertinent buildings listed in Paragraph 1 of the Order located within the instant project implementation zone (hereinafter “instant buildings”). D.

On September 20, 2018, the Plaintiff filed an application for adjudication to expropriate the instant building with the Seoul Metropolitan City Regional Land Expropriation Committee (hereinafter “instant adjudication to expropriate”), and deposited compensation as determined by the said adjudication to the Defendants on November 1, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a right holder, such as the owner of the previous land or structure, may not use or benefit from a management and disposition plan when the authorization of a management and disposition plan is publicly announced. However, the foregoing provision does not apply where the project operator’s consent or the compensation for losses under the Act on the Acquisition of Land, etc.

According to the main sentence of Article 65 (1) of the Act, the Land Compensation Act shall apply mutatis mutandis to the expropriation or use of ownership and other rights of land or buildings for the implementation of a housing redevelopment improvement project within a housing redevelopment improvement zone, except as otherwise expressly provided for. According to the Land Compensation Act, the project implementer shall be determined by the competent Land Tribunal by its ruling.