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(영문) 광주지방법원 2020.04.17 2019가단523695
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

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 D Day in order to implement the housing redevelopment project.

The defendant is the owner of the building listed in the attached list in the above improvement project zone (hereinafter referred to as "the building of this case").

The head of Gwangju Metropolitan City North Korea shall approve the management and disposal plan on January 22, 2019 for the plaintiff, and publicly notify the plaintiff as the E-public notice of the Seoul Metropolitan City North-gu 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 11, 2019, the Plaintiff deposited KRW 84,639,000 of the compensation for expropriation of the instant building as the depositee under the Gwangju District Court Decision No. 2019, Dec. 11, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, 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 provides that 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, and Article 40 (1) of the Act on the Maintenance and Improvement of Urban Areas shall apply mutatis mutandis to the expropriation or use for the implementation of a rearrangement project.

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