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(영문) 대구지방법원 2020.01.03 2019가단110480
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership that has obtained authorization to establish a housing redevelopment project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment project in Daegu Jung-gu D (hereinafter “instant project”).

B. On August 13, 2018, the Plaintiff received the approval of the management and disposal plan from the head of the Gu among Daegu Metropolitan City, which was publicly notified on August 20, 2018.

C. The Defendants shared the real estate in the attached list in the instant project zone (hereinafter “instant building”) at the ratio of 1/2 shares, respectively, and applied for parcelling-out to the Plaintiff.

On July 15, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee decided on July 15, 2019 that Defendant C’s goodwill compensation amounting to KRW 70 million, and that the starting date of expropriation was determined on September 10, 2019.

(hereinafter referred to as “instant adjudication.” Accordingly, on September 4, 2019, the Plaintiff deposited the above KRW 70 million with Defendant C as the principal deposit.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 8, the purport of the whole pleadings

2. The assertion and judgment

A. According to Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), a right holder, such as the owner, lessee, etc. of a previous parcel of land or structure, shall not use or benefit from the previous parcel of land or structure by the date of the public announcement of transfer under the above Act, except where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor is not completed, if

(Article 81(1). In addition, according to the Public Works Act that applies mutatis mutandis to compensation for losses, a project operator shall acquire the ownership of land or goods at the commencement date of expropriation decided by the competent Land Tribunal by adjudication (Article 45(1).).

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