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(영문) 광주지방법원 2016.07.05 2016가단503645
건물명도
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is written in attached Form to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association whose project area covers 33,445.0 square meters in Dong-gu, Gwangju Metropolitan City. The Plaintiff obtained authorization to establish the association from the head of the Dong-gu, Gwangju Metropolitan City on April 30, 2008, the authorization to implement the project on November 6, 2014, and the authorization to implement the management and disposal plan on October 5, 2015, and the head of the Dong-gu announced the details of the authorization to implement the above management and disposal plan on October 5, 2015.

B. The defendant is the owner of the real estate stated in the order located in the plaintiff's improvement zone and operates a D inspection.

( fact that there is no dispute over).

On February 6, 2015, the Plaintiff determined the period for application for parcelling-out from February 7, 2015 to February 16, 2015, and announced the extension of the application for parcelling-out and notified the members of the application for parcelling-out. Defendant E applied for parcelling-out to the Plaintiff on February 16, 2015.

(No. 7-5, No. 8-d)

The Plaintiff filed an application for adjudication of expropriation with the Gwangju Metropolitan City Regional Land Expropriation Committee, which did not consult with the Defendant on compensation for business losses. On January 18, 2016, the said Committee rendered a ruling of expropriation that on March 3, 2016, the date of expropriation shall be March 3, 2016, the Plaintiff accepted business rights from the Defendant, and that the amount of business losses for the Defendant shall be KRW 28,00,000.

(A) The Plaintiff deposited the business compensation with the Defendant on February 24, 2016 according to the above acceptance ruling.

(A) Evidence No. 6-3) . 【No. 4, and No. 6-3, and No. 7-5, and No. 8

2. Demand for principal lawsuit:

A. When a management and disposal plan approval under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) is publicly announced as to the cause of the claim, the use and profit of the right holder such as the owner, superficies, leaseer, etc. of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings. Thus, Supreme Court Decision 200

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