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(영문) 전주지방법원 2019.09.19 2018가단29797
건물인도
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. Basic facts

A. The Plaintiff is a project implementer that implements a housing redevelopment improvement project (hereinafter “instant improvement project”) in an improvement zone with a size of 62,035.60 square meters in Ysan-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, including buildings listed in the attached list (hereinafter “instant building”), and the Defendant is the owner of the instant building.

B. On December 5, 2017, the Jeonju Mayor approved the management and disposal plan of the Plaintiff’s instant rearrangement project and publicly announced it in the official gazette.

C. The Defendant became eligible for cash settlement because it did not apply for parcelling-out within the period of application for parcelling-out, and the Plaintiff applied for an expropriation ruling on the instant building to the Provincial Land Expropriation Committee of Jeollabuk-do on January 31, 2019 and received a ruling of expropriation on March 26, 2019.

(hereinafter “instant acceptance ruling”) D.

Upon the Defendant’s refusal to receive compensation under the instant adjudication on expropriation, on March 12, 2019, the Plaintiff deposited KRW 228,228,030,030 as compensation under the instant adjudication on expropriation. On April 15, 2019, the Plaintiff deposited KRW 16,201,930 in total, for the Defendant’s housing relocation expenses, movable property relocation expenses, and resettlement funds, and deposited KRW 3,01,350 in addition, for the Defendant on May 8, 2019.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6, and 7 (including each number in case of a tentative number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when the approval of a management and disposal plan is announced, a right holder, such as the owner of the previous land or structure, may not use or benefit from the plan, except where the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) is not completed.

In addition, the main sentence of Article 65 (1) of the Act on the Improvement of Urban Areas.

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