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(영문) 광주지방법원 2020.10.16 2020가단506016
건물인도
Text

The Plaintiff

A. Defendant B: (a) the buildings listed in Annex B’s Schedule 1;

B. Defendant C each has the buildings listed in the separate sheet 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project in a single house with 127,230.53 square meters in the Dong-gu, Gwangju Metropolitan City.

B. Defendant B is the owner of the building indicated in paragraph 1 of the attached Table within the above rearrangement project zone, and Defendant C is the owner of the building listed in paragraph 2 of the same Table.

The defendants occupy each of the above buildings without filing an application for parcelling-out within the period of parcelling-out even though they were the members of the plaintiff.

C. The head of the Dong-gu Gwangju Metropolitan City approved the management and disposal plan on July 27, 2018 for the plaintiff, and publicly announced as Dong-gu, Gwangju Metropolitan City.

On July 1, 2020, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of August 20, 2020 on the commencement date of expropriation. On August 18, 2020, the Plaintiff deposited KRW 117,265,500 as to the compensation for expropriation of buildings listed in the attached Table No. 1 as to the deposited person listed in the attached Table No. 6520 as Defendant B, and deposited KRW 102,459,000 as to the compensation for expropriation of buildings listed in the attached Table No. 6427 at the same court as of August 14, 2020 as Defendant C, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-2, 6, Gap evidence 6, Gap evidence 7-1 and 7-2, and the purport of the whole pleadings

2. 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 “The owner, superficies, person having a right to the previous land or building, leaser, etc. shall not use or benefit from the previous land or building by the date of the public announcement of the approval of the management and disposal plan under Article 78(4): Provided, That this shall not apply where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed.” Article 65 of the Urban Improvement Act.

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