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(영문) 광주지방법원 2019.01.30 2018가단515048
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association which has been authorized by the head of Gwangju Metropolitan City North Korean government to establish the Seoul Northern-gu Seoul Northern-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Nowon-gu pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. On March 31, 2017, the Plaintiff received authorization for the implementation of the project on March 31, 2017, and the authorization for the management and disposal plan on November 15, 2017, respectively. On November 16, 2017, the said authorization for the management and disposal plan was publicly notified.

C. The Defendants are the owners of buildings listed in the separate sheet (hereinafter “instant building”) located within the instant rearrangement project zone, who possess each of the buildings listed in the separate sheet from the date the management and disposal plan of the instant rearrangement project was authorized and publicly announced to the present.

The articles of association of the plaintiff is defined as a person who fails to apply for parcelling-out in Article 44 or who is excluded from objects of parcelling-out according to the authorized management plan.

The Defendants did not apply for parcelling-out.

E. On August 9, 2018, the Plaintiff filed an application for adjudication of expropriation with the Gwangju Regional Land Expropriation Committee (hereinafter referred to as “Local Land Expropriation Committee”) on the land owners, etc. who lose their membership in the Plaintiff project zone and business tenants within the Plaintiff’s project zone. On September 21, 2018, the Plaintiff calculated compensation for losses to each owner of land, etc., and determined the commencement date of expropriation as of September 21, 2018.

F. On September 20, 2018, the Plaintiff deposited the following and the compensation money for the real estate indicated in the separate sheet with Defendant B and D as the deposited public official of the Gwangju District Court as the principal deposit.

1) Defendant B: (a) Defendant D: the fact that there is no dispute with Defendant D in 2018 Gold 5539; (b) the amount 32,400,000 won: 2018 Gold 5540; (c) land compensation 241,051,400 won 2018 Gold 5541; and (d) building compensation 347,765,000 won; and (e) the fact that there is no ground for recognition of Plaintiff A’s evidence 1 through 10; and (e) pleadings.

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