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(영문) 광주지방법원 2018.11.30 2018가단515420

건물명도(인도)

Text

1. The Defendants deliver each of the buildings listed in the separate sheet to the Plaintiff.

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

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”).

B. On March 23, 2015, the Plaintiff obtained authorization from the head of the Gu from North Gwangju Metropolitan City, and obtained authorization to implement the project on March 31, 2017.

After that, on November 15, 2017, the management and disposal plan of the instant project was authorized, and the said authorization was publicly announced on November 16, 2017.

C. Defendant B, D, and F are the owners of the buildings indicated in the separate sheet located in the instant project implementation zone (hereinafter “each of the instant buildings”), and Defendant C, E, and G are the tenants of the buildings listed in the separate sheet.

The Plaintiff filed an application for adjudication of expropriation of each building of this case with the Seoul Metropolitan City Regional Land Expropriation Committee on August 9, 2018, and received adjudication of expropriation as of September 21, 2018 (hereinafter “instant adjudication of expropriation”), and deposited each compensation set forth in the said adjudication to Defendant B, D, and F on September 21, 2018.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 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 on the Improvement of Urban Areas and Dwelling Conditions, 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 provided.