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(영문) 광주지방법원 2020.04.22 2019가단522258
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B and C are buildings listed in the separate sheet

B. Defendant D shall be in attached Form among the buildings listed in the attached list.

Reasons

1. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project on the scale of 86,360.80 square meters in Seoul Northern-gu, Seoul.

Defendant B and C are co-owners of the building indicated in the attached list (hereinafter referred to as the “instant building”), and they became cash liquidationor because they failed to apply for the sale within the period of sale.

Defendant D is occupying and using the attached Form No. 47.93 square meters of the main building indicated in the attached Form No. 1, and Defendant E is occupying and using the attached Form No. 32.72 square meters of the attached Form No. 1 (2) from Defendant B and C among the buildings indicated in the attached Table No. 1.

On January 22, 2019, the head of Gwangju Metropolitan City North Korean government approved the management and disposal plan for the plaintiff, and announced it as G publicly announced on January 30, 2019.

On October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of December 14, 2019. On December 12, 2019, the Plaintiff deposited KRW 31,323,900, each of Defendant C and B as the depositee, as of December 10, 2019, with Defendant C and B as of December 14, 2019, respectively.

[Ground of recognition] Defendant B, C, and E: The absence of dispute, each entry of Gap evidence Nos. 1 through 5, and the purport of the whole pleadings 0: Judgment by service by publication

2. Determination

A. Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Acquisition of Land, etc.”) provides that “The owner, superficies, person having a right to lease, leaser, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78 (4), if any, is publicly notified: Provided, That this shall not apply to any of the following cases:

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