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(영문) 수원지방법원안산지원 2020.02.13 2019가합767

토지인도

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

Basic Facts

The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project (hereinafter “instant project”) with respect to the area of 47,953 square meters in Gwangju-si, Gwangju-si, and received authorization for the implementation of the project on September 7, 2017 from the Gwangju-gu, and the approval plan for the management and disposal of the instant project on March 29, 2019, and the luminous-si announced the management and disposal plan on the same day (hereinafter “instant management and disposal plan”).

The defendant owns and occupies each real estate listed in the separate sheet (hereinafter referred to as "each real estate of this case") within the business zone of the city bus passenger transport business as part of the garage facility ( approximately 8.1% out of the total area).

The Plaintiff filed an application for adjudication with the Gyeonggi-do Regional Land Tribunal in order to not reach an agreement on the compensation for losses, etc. of each real estate of this case. On September 9, 2019, the said Land Tribunal decided on Oct. 24, 2019 that the Plaintiff would expropriate the instant real estate for the instant project (hereinafter “instant adjudication”).

On October 15, 2019, the Plaintiff deposited the relevant compensation for losses as prescribed by the instant judgment with the Defendant as the principal deposit in the Suwon District Court’s Ansan Branch branch.

【In accordance with Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), a person holding rights, such as the owner, superficies, person holding a right to lease on a deposit basis, a lessee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of public announcement of transfer under Article 86, if the public announcement of the approval plan for the management and disposal plan under Article 78(4) is made.

However, the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor.