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(영문) 대구지방법원 2020.01.03 2019가단126294
건물명도(인도)
Text

1. The plaintiff

A. Defendant B shall draw up a resident status map in attached Form 1 of the real estate listed in attached Table 1 (1).

Reasons

1. The part concerning the plaintiff's claim against the defendant B

A. 1) The Plaintiff is a housing redevelopment project with a business area of 26,712.6m2 located in Daegu Jung-gu, Daegu-gu (hereinafter “instant project”).

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) shall apply.

(2) The Plaintiff received the approval of the management and disposal plan on February 25, 2019 from the head of the Gu among Daegu Metropolitan City, and notified the approval of the management and disposal plan on February 28, 2019.

3) Defendant B’s real estate listed in paragraph (1) of the attached Table No. 1 located within the instant project zone (hereinafter “instant building”).

(4) On September 4, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee set forth KRW 1,956,983,770 in total as compensation for the instant building and the instant land owned by Defendant B, and KRW 193,651,00 in total as compensation for the business of the instant building, and determined the commencement date of expropriation as of October 23, 2019.

(hereinafter referred to as “instant adjudication.” Accordingly, the Plaintiff deposited the said money with Defendant B as the principal deposit on October 16, 2019 and October 18, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

B. According to Article 81(1) of the Act on the Determination of the Plaintiff’s Grounds for Claim, a right holder, such as the owner, lessee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure by the date of the public announcement of transfer, except where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) is not completed when

(Article 81(1) and 62(3) of the Urban Improvement Act shall apply mutatis mutandis to compensation for losses.

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