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(영문) 광주지방법원 2017.06.02 2017가단501226
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B and C are buildings listed in the annexed sheet No. 1;

B. Defendant D shall be the building listed in the attached Table 2 list.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association whose business area covers 97,197 square meters in Gwangju Metropolitan City I, Dong-gu.

B. On September 23, 2015, the Plaintiff obtained authorization for the implementation of the project from the head of the Dong-gu Gwangju Metropolitan City with respect to the above project zone, and received application for parcelling-out from its members, and on April 29, 2016, the Plaintiff was publicly notified by the head of the Dong-gu Gwangju Metropolitan City, Gwangju Metropolitan City and the Dong-gu

C. The Defendants possessed each of the pertinent buildings listed in paragraph (1) of this Article (hereinafter “each of the instant buildings”) within the said project implementation district, and are subject to the settlement of cash.

On March 15, 2017, the Gwangju Metropolitan City Land Tribunal: (a) determined the Defendants’ compensation for losses for the improvement project as the following deposit amounts; and (b) decided on May 14, 2017 to expropriate each of the relevant buildings owned by the Defendants.

E. Accordingly, on May 1, 2017, the Plaintiff deposited KRW 368,539,328 with Defendant C as the deposited person; KRW 531,254,40 with Defendant D as the deposited person; KRW 254,218,440 with Defendant E as the deposited person; KRW 254,620 with Defendant E as the deposited person; KRW 606,415,482 with Defendant H as the deposited person; KRW 606,415,482 with Defendant H as the deposited person; and KRW 368,539,328 on May 2, 2017 with Defendant B as the deposited person; and KRW 573,035,400 with Defendant G as the deposited person on May 10, 2017.

【Legal basis for recognition】 Each entry in the evidence of subparagraphs 1 through 3 (including each number), and the purport of the whole pleadings

2. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) where a management and disposal plan is authorized and publicly notified, the owner, superficies, leaseer, etc. of the previous land or structure shall be the previous land or structure by the date of public announcement of relocation under Article 54 of the same Act.

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