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(영문) 광주지방법원 2019.02.14 2018가합53998

건물명도(인도)

Text

1. The Plaintiff, Defendant B, and Defendant C, listed in attached Table No. 1, and Defendant C, listed in attached Table No. 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that has been established with the area of the project by making the area of the project of Gwangju D D 4,056 square meters as the project district.

B. On September 4, 2015, the Plaintiff was authorized by the head of Gwangju Dong-gu to establish the association, the authorization to implement the project on January 11, 2017, and the authorization to implement the management and disposal plan on March 26, 2018. On the same day, the head of Gwangju Dong-gu announced the approval to implement the management

C. The Defendants own each real estate listed in the separate sheet in the Plaintiff’s project implementation district.

The Plaintiff filed an application for adjudication of expropriation with the Seoul Metropolitan City Regional Land Expropriation Committee, which did not consult with the Defendants on the compensation for losses.

On October 31, 2018, the above local land expropriation committee decided the commencement date of expropriation on December 15, 2018 and decided to expropriate each real estate owned by the Defendants.

(hereinafter referred to as “instant acceptance ruling”). E.

The Plaintiff deposited Defendant B, on December 13, 2018, the amount of KRW 453,678,970, the amount of KRW 7795, the amount of KRW 7795, the amount of KRW 453,678,970, the amount of KRW 202,617,020, the amount of KRW 7796, the same court for Defendant C, respectively, as compensation for losses.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 13, 27 through 30, 35 through 36 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposal plan is publicly notified, any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86.” Thus, when the management and disposal plan is publicly notified, the former owner, superficies, leaseer, etc. of the previous land or building shall be prohibited.