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(영문) 광주지방법원 2016.12.23 2016나54380
건물인도
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a maintenance and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) authorized for a housing redevelopment project on the scale of 33,445 square meters in Gwangju-dong-gu.

B. On October 5, 2015, the head of the Dong-gu Gwangju Metropolitan City approved and publicly notified a management and disposal plan for the Plaintiff’s housing redevelopment improvement project.

C. Defendant B is the owner of the building listed in the attached Table 1 list (hereinafter “instant building”) located within the rearrangement project zone and is subject to cash settlement. Defendant C is the lessee of the part 62.8 square meters in the instant building (hereinafter “the instant part”). The two floors of the instant building, referring to the 2nd floor of the building, the 1st unit of the attached drawing, referring to the 2nd floor of the instant building, referring to the 3rd floor of the instant building, referring to the 1st unit of the disaster, the military

The Plaintiff filed an application for adjudication with the Gwangju Metropolitan City Regional Land Expropriation Committee as it did not reach an agreement on compensation for losses on the instant building with Defendant B.

On January 18, 2016, the Gwangju Metropolitan City Regional Land Expropriation Committee rendered a ruling to expropriate the instant building, site, and its goodwill by determining the commencement date of expropriation as KRW 727,667,790 on March 3, 2016 (hereinafter “instant expropriation ruling”).

On February 28, 2016, the Plaintiff deposited the money on the ground that the Defendant refused to receive the compensation under the instant expropriation ruling.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. When the management and disposal plan under Article 49(3) of the Act on the Improvement of Urban Areas and Dwelling Conditions for the Plaintiff’s Claim is publicly notified, the use and profit of the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 192). Therefore, the Defendants

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