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(영문) 대전지방법원 2019.04.30 2018나111715

건물명도(인도)

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1. Revocation of the first instance judgment.

2. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

3. Action.

Reasons

Facts of recognition

The Plaintiff is a housing redevelopment project partnership established under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) to implement the housing redevelopment improvement project (hereinafter “instant redevelopment project”).

On September 13, 2016, the Plaintiff obtained the approval of the management and disposal plan for the instant redevelopment project from the Si of ASEAN, and the Si of ASEAN publicly announced the management and disposal plan E as of the same day.

The Defendant is the owner of the real estate indicated in the attached list located within the instant redevelopment project zone (hereinafter “instant real estate”).

On February 18, 2019, the Chungcheongnam-do Regional Land Tribunal rendered a ruling on the expropriation of the instant real estate by the Plaintiff and on April 4, 2019 (hereinafter referred to as “instant ruling”) on the compensation for losses for the Defendant, 214,109,00 won for land compensation, 67,482,250 won for obstacles, and the date of commencement of expropriation as of April 4, 2019.

According to the instant judgment, the Plaintiff deposited the sum of the above land compensation and obstacles compensation (281,591,250) with the Defendant as the principal deposit on March 26, 2019 as the Daejeon District Court Branch No. 588 in 2019.

【The ground for recognition” was wholly amended by Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14857, Aug. 9, 2017; hereinafter “Urban Improvement Act”) Article 81(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14857, Feb. 8, 2017; hereinafter “Urban Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) but the instant public notice was deemed to have been made pursuant to Article 25 of the Addenda (amended by Act No. 14567, Feb. 8, 2017). As such, the provision on the right to benefit from the use of buildings, etc. is not Article 49 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017).

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