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(영문) 광주지방법원 2020.10.14 2020가단518521
건물인도
Text

Defendant B’s building indicated in the [Attachment 1] list, and Defendant C’s building indicated in the [Attachment 2] list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project in a single house with 127,230.53 square meters in the Dong-gu Seoul Special Metropolitan City.

B. Defendant B is the owner of the building listed in the attached list Nos. 1, Defendant C is the owner of the building listed in the attached list Nos. 2, Defendant D is the owner of the building listed in the attached list Nos. 3, 4, and 5, and Defendant F is the owner of the building listed in the attached list Nos. 6. The above building is within the above improvement project zone, and the Defendants occupy each of the above buildings without applying for parcelling-out within the period

C. The head of the Dong-gu Gwangju Metropolitan City approved the management and disposal plan on July 27, 2018 for the plaintiff, and publicly announced as H publicly announced by the Dong-gu Gwangju Metropolitan City on the same day.

On July 1, 2020, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Expropriation Committee as of August 20, 2020. On August 14, 2020, the Plaintiff deposited KRW 468,412,340 to Defendant B, KRW 251,048,080 to Defendant C, KRW 201,10,000 to Defendant D, and KRW 40,050 to Defendant F, respectively.

[Ground of recognition] For Defendant C and F: Each description of the evidence of Nos. 1 through 7 (including the number of branch offices; hereinafter the same shall apply) against Defendant B and D

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) of this Court provides that “the owner, superficies, person having a right to the previous land or building, leaser, etc. shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 78(4), if the approval of the management and disposal plan is publicly notified under Article 86: Provided, That the same shall not apply to cases where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor is not completed, and Article 40(1) of the Public Works Act which applies mutatis mutandis under Article 65(1

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