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(영문) 광주지방법원 2016.07.15 2016가합50995
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established by having the Dong-gu Gwangju Metropolitan City C, the Dong-gu Seoul Metropolitan City 59,535 square meters as a project implementation district.

B. The Plaintiff obtained authorization from the head of the Dong-gu Gwangju Metropolitan City to establish the association on September 18, 2007, authorization to implement the project on April 30, 2015, and authorization of the management and disposition plan on February 5, 2016 (hereinafter “instant management and disposition plan”), respectively, and the head of the Dong-gu Gwangju Metropolitan City announced the instant management and disposition plan on February 5, 2016 and February 11, 2016.

C. The Defendant is the owner of the real estate indicated in the attached list located in the project implementation district (hereinafter “instant real estate”), who has not filed an application for parcelling-out. D.

The Plaintiff filed an application for adjudication of expropriation with the Seoul Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on compensation for losses with the Defendant regarding the instant real estate. On May 27, 2016, the said Committee decided on July 11, 2016 that compensation for losses for the Defendant was KRW 132,554,500, and the date of commencement of expropriation (hereinafter “instant adjudication of expropriation”).

E. On June 17, 2016, the Plaintiff deposited the full amount of compensation for losses under the above expropriation ruling.

[Ground of recognition] Facts without dispute, Gap 1 through 9, 24, 26, 27 evidence (including each number), the purport of the whole pleadings

2. Determination

A. The main sentence of Article 49(6) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54, if the public announcement under paragraph (3) is made. In addition, the proviso of Article 49(6) of the same Act provides that "if the public announcement under paragraph (3) is made, the owner, superficies, leaseer, etc. of the previous land or buildings may not use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54, the same provision shall not apply

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