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(영문) 광주지방법원 2018.11.16 2018가단515062
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B and C deliver the buildings listed in the Appendix 1 List;

B. Defendant D is from the Plaintiff 21,927.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment improvement project partnership with the approval of the establishment on March 23, 2015 for the purpose of implementing the housing redevelopment improvement project for the Gwangjubuk-gu E (hereinafter “instant improvement project”) and completed the registration of incorporation on March 26, 2015.

B. The progress of the instant rearrangement project is as follows.

- Authorization to implement the project on March 31, 2017 - Public announcement of authorization to implement the project on April 4, 2017 (F public announcement of the authorization to implement the project on November 15, 2017 - Public announcement of the approval to implement the management and disposal plan on November 16, 2017 (Public announcement of the approval to implement the project on November 16, 2017)

C. Defendant B is the owner of the building listed in the attached Table 1 list, Defendant C is the tenant who operates the business with the trade name “H” from the building listed in the attached Table 1 list, and Defendant D is the owner of the building listed in the attached Table 2 list.

Defendant C for business purposes, Defendant D occupies each of the relevant buildings listed in the separate sheet from the date on which the management and disposal plan of the instant rearrangement project was authorized and publicly announced to the present for residential purposes.

In September 21, 2018, the Plaintiff deposited the Defendants’ compensation (for Defendant B and D, compensation for losses, and business compensation for Defendant C) upon the judgment of the Gwangju Metropolitan City Land Expropriation Committee (as of August 9, 2018), the Plaintiff deposited the Defendants’ compensation (for Defendant B and D, compensation for losses).

E. The relocation and settlement costs of Defendant D are KRW 12,00,000, KRW 8,724,850, and KRW 1,202,486, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of whole pleadings

2. Article 81(1) of the Act on the Determination of Urban and Environmental Improvement (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date of public announcement of transfer under Article 86, when a right holder, such as the owner, superficies, leasee, etc. of the previous land or buildings, is publicly notified of the approval for the management and disposal plan under Article 78(4).

However, compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor.

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