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(영문) 광주지방법원 2020.04.22 2019가단522432
건물명도(인도)
Text

1. The Defendants shall deliver each of the buildings listed in the separate sheet to the Plaintiff.

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

Reasons

1. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project on the area of 86,360.80 square meters in Gwangju Northern-gu H Daywon 86,360 square meters.

The net I (Death on January 2, 2020) was the person who was the owner of the building listed in the attached list (hereinafter referred to as "the building in this case") located in the above improvement project zone, and became a cash liquidationr due to the failure to apply for parcelling-out within the period of parcelling-out.

The Defendants are the successors of the network I, and the Defendant G currently occupies the instant building.

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 to the JJ 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 28,800,000,680,680,670, respectively, the amount of compensation for adjudication of expropriation of the instant building by making the net I as a deposit in the Gwangju District Court Decision No. 2019, Dec. 12, 2019, the Plaintiff deposited KRW 28,80,000, 83,680,670, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

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 Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “the owner, superficies, leasee, etc. of the previous land or building may 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:

Article 65 (1) of the Act on the Maintenance and Improvement of Urban Areas shall apply mutatis mutandis to expropriation or use for the implementation of a rearrangement project in principle.

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