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(영문) 대구지방법원서부지원 2020.10.06 2019가단68340
건물인도
Text

1. The Plaintiff, and the Defendant B, the real estate listed in paragraph 1 of the attached Table, Defendant C, D, E, and F, are listed in attached Table 2.

Reasons

Facts of recognition

The plaintiff is a housing redevelopment and rearrangement project association which has obtained approval for the establishment of a housing redevelopment and improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment and rearrangement project (hereinafter “instant project”).

On September 21, 2018, the head of the Seo-gu Seoul Metropolitan Government issued a disposition of approval for the management and disposal plan of the project in this case, and announced it on October 1, 2018.

On June 25, 2019, the Daegu Metropolitan City Regional Land Tribunal: (a) decided on August 9, 2019 on the commencement date of expropriation with respect to each real estate listed in the separate sheet (hereinafter “instant adjudication on expropriation”); and (b) on August 9, 2019, the Plaintiff deposited each of the compensation stipulated in the said adjudication on expropriation with the Defendants as deposits.

Attached Form

Each of the real estate listed in the list is located within the project implementation district of this case. At the time of the ruling of acceptance of this case, Defendant B is the owner of the real estate listed in the attached list No. 1, and H is the owner of the real estate listed in the attached list No. 2, and Defendant B currently occupies the real estate listed in the attached list No. 1, and the remaining Defendants, the heir of H, respectively.

[Based on recognition] The fact that there is no dispute, each statement in Gap's evidence 1 through 5, and the main text of Article 81 (1) of the Act on the Determination of Grounds for a Claim for the purport of the entire pleadings provides that "any right holder, such as the owner, superficies, leaseer, 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 transfer under Article 86, when the approval for the management and disposal plan is publicly notified under Article 78 (4)." When the public announcement of the approval for the management and disposal plan is made, the use or benefit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall be suspended,

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