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(영문) 광주지방법원 2021.02.17 2020가단530491

건물인도

Text

Defendant B’s real estate listed in [Attachment List No. 1], Defendant C’s real estate listed in [Attachment List No. 2], and

Reasons

Basic Facts

A. The Plaintiff is an association established on January 10, 201 by obtaining authorization for the establishment of an association from the head of the Gwangju Mine-gu in accordance with the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Act”) for the purpose of implementing redevelopment and improvement projects (hereinafter “instant rearrangement project”) consisting of the redevelopment and improvement projects, which consisting of 286,964.71 square meters wide from Gwangju Mine-gu G (hereinafter “instant rearrangement project”). < Amended by Act No. 12215, Jan. 10, 2014>

B. On February 14, 2020, the head of Gwangju Metropolitan City Mine-gu approved the management and disposal plan for the instant rearrangement project and publicly notified it.

(c)

Defendant C and E are those who leased and possess the real estate listed in the attached list in the instant improvement project zone, and Defendants B, D, and F are those who applied for a parcelling-out as the Plaintiff’s member.

[Based on recognition] Defendant D, E, and F: The fact that there is no dispute over Defendant B, and C: each entry of evidence (including the number with which there are several numbers) set forth in Article 1 through 6 of the Civil Procedure Act; and Article 81(1) of the Act on Urban Planning and Improvement of Urban Areas and Dwelling Conditions for the determination of the grounds for a claim by this court as a whole, shall not be allowed to use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 86, if the public announcement is made by the holder of a right, such as the person holding the superficies, right to lease on deposit basis, etc., of the previous land or buildings, under Article 78(4).

Provided, That this shall not apply where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed.

“......”

Based on the above legal provisions, there was a notice of approval of the management and disposal plan for the instant rearrangement project on February 14, 2020 with respect to the instant case, and thus, the lessee of each real estate listed in the separate sheet or the Defendants requesting the sale of each real estate lose their right to use and profit therefrom, and the Plaintiff, the implementer of the instant rearrangement project, is the Plaintiff