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(영문) 전주지방법원 2019.09.05 2018가단30094

건물인도

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet;

B. Defendant C shall have the floor among the buildings listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a project implementer that implements a housing redevelopment improvement project (hereinafter “instant improvement project”) in a rearrangement zone with a size of 62,035.60 square meters located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, including buildings indicated in the attached list (hereinafter “instant building”). Defendant B is the owner of the instant building; the remainder Defendants are the lessees of the instant building, and each lessee of the instant building occupies the ground floor, second floor, and third floor of the instant building.

B. On December 5, 2017, the Jeonju Mayor approved the management and disposal plan of the Plaintiff’s instant rearrangement project and publicly announced it in the official gazette.

C. On January 31, 2019, the Plaintiff filed an application for adjudication to expropriate the instant building with the Provincial Land Expropriation Committee of Jeollabuk-do, and received the adjudication to expropriate the building on March 26, 2019.

(hereinafter “instant acceptance ruling”) D.

The Plaintiff refused to receive the compensation under the instant expropriation ruling, and deposited all the compensation money to the Jeonju District Court on March 21, 2019.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when the approval of a management and disposal plan is announced, a right holder, such as the owner of the previous land or structure, may not use or benefit from the plan, except where the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) is not completed.

In addition, 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 to expropriation or use of ownership or other rights of land or buildings for the implementation of housing redevelopment improvement project within the redevelopment and rearrangement zone unless there is a special provision.