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(영문) 대구지방법원 2018.11.09 2018가단107944
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

Facts of recognition

The Plaintiff is a cooperative established to implement a housing redevelopment improvement project (hereinafter referred to as the “project in this case”) whose project implementation district is Daegu Jung-gu Seoul District, and completed the establishment registration after obtaining authorization from the head of the Daegu Metropolitan City on September 3, 2008 from the head of the Gu, and obtained authorization for the establishment of the association on July 25, 2016.

On September 5, 2017, the Plaintiff received the approval of the management and disposal plan for the instant project from the head of the Daegu Metropolitan City, and the said approval was publicly notified on September 11, 2017.

The defendant is the owner of each real estate in the attached list in the project execution zone of this case (hereinafter referred to as "each real estate of this case"), who has not filed an application for parcelling-out within the period of application for parcelling-out.

On May 28, 2018, the Plaintiff filed an application with the Defendant for adjudication of expropriation, and on May 28, 2018, the Daegu Metropolitan City Regional Land Expropriation Committee (hereinafter “instant adjudication of expropriation”) rendered an adjudication of expropriation on June 30, 2018, accepting each of the instant real estate and making the date of commencement of expropriation (hereinafter “instant adjudication of expropriation”).

On June 28, 2018, the Plaintiff deposited KRW 1,124,264,500 for the Defendant’s compensation for each of the instant real estate, etc., which was determined by the instant expropriation ruling with the Defendant as the principal deposit (Tgu District Court No. 4962, 2018).

[Ground of recognition] In the absence of dispute, each entry of Gap evidence Nos. 1 through 7, and judgment on the cause of claim as a whole of the pleadings, Article 49 (6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter "former Act") shall not be permitted to use or profit from the previous land or buildings until the date of public announcement of transfer under Article 54.

Provided, That the project implementer shall obtain consent or Article 40 and 40.

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