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(영문) 광주지방법원 2020.10.29 2020가단504881
건물인도
Text

The Plaintiff

(a) Defendant D, E, F, G, H, I, and J are buildings listed in paragraph 1 of the attached Table;

B. Defendant B Co., Ltd.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project partnership that promotes housing redevelopment projects (hereinafter “instant redevelopment project”) in the Dong-gu Seoul Special Metropolitan City K pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The deceased L was the owner of the building listed in the separate sheet No. 1, and L succeeded to L’s property by Defendant D, E, F, G, H, I, and J on March 2, 1996.

C. Defendant B Co., Ltd. is the owner of the building listed in the attached list No. 3, and Defendant C occupies each of the above buildings as the owner of the building listed in the attached list No. 4.

The Plaintiff obtained authorization from the head of the Dong-gu Gwangju Metropolitan City on August 29, 2007 from the head of the Dong-gu, and the head of the Dong-gu Gwangju Metropolitan City issued an authorization to implement the project on February 20, 2017, announced August 22, 2007, and announced the management and disposal plan on July 27, 2018.

E. On August 20, 2020, the Plaintiff received the adjudication of expropriation from the Gwangju Metropolitan City Regional Land Expropriation Committee as of August 20, 2020, and deposited KRW 28,041,970 as to the adjudication of expropriation of the building, etc. listed in the attached Table No. 4 as to August 18, 2020 by designating the Defendant C as the depositee, and KRW 150,737,120 as the compensation for expropriation of the building, etc. listed in the attached Table No. 6612 as of August 20, 2020 by designating the deceased L’s heir as the depositee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Where a public announcement of a management and disposal plan is made under the Act on the Determination of Grounds for Claims, any rightful person, such as owners, superficies, persons holding superficies, leasers, etc. of the previous land or buildings, shall not use or benefit from the previous land or buildings (the main sentence of Article 81 (1) of the Urban Improvement Act), and

As seen earlier, the redevelopment project of this case is performed (Supreme Court Decision 2009Da53635 Decided May 27, 2010).

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