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(영문) 대구지방법원 2020.12.10 2019가합206357
건물명도(인도)
Text

The Plaintiff

A. The Defendant B Religious Organization C Diplomatic Association shall be the land indicated in paragraph 1 of the attached Table, the building listed in paragraph 2, and the attached Form.

Reasons

Basic Facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that implements a housing redevelopment and rearrangement project that performs a housing redevelopment and rearrangement project that combines the Daegu Southern-gu E branch as a project implementation

On December 31, 2008, the Plaintiff obtained authorization for establishment from the head of Daegu Head of the Gu. On August 28, 2018, the Plaintiff obtained approval for the management and disposal plan from the head of the same Gu, and the management and disposal plan was publicly notified on the 30th of the same month.

B. Defendant B Religious Organization C church owned and possessed each real estate listed in the attached list Nos. 1 and 2 and each building indicated in the attached drawing Nos. 1 and 1 within the implementation zone of the said rearrangement project, and the Defendant Incorporated Foundation D owned and occupied each real estate listed in the attached list Nos. 3 and 4 and each building indicated in the attached list Nos. 2.

C. The Plaintiff had consulted with the Defendants for compensating for losses, but did not reach an agreement. On June 25, 2019, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Daegu Metropolitan City on expropriation on August 9, 2019.

On August 5, 2019, the Plaintiff deposited the compensation for losses as stipulated in the above expropriation ruling as the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 through 8, 10, 11, and the purport of the whole pleadings

2. Determination

A. Judgment on the cause of the claim 1) The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

Article 81 (1) and Article 81 (1) of the Urban Improvement Act (1) shall not be used or profit-making from the previous land or buildings until the date of public announcement of the approval for the management and disposal plan under Article 78 (4), when the owners, superficies, persons having leaseholds, etc. of the previous land or buildings submit a series of public announcement of the approval for the management and disposal plan under Article 78 (4).

Provided, That the same shall not apply to any of the following cases:

2. Acquisition of and compensation for land, etc. for public works;

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