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(영문) 광주지방법원 2020.06.09 2019가단522210
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B and D are buildings listed in the separate sheet;

B. Defendant E is among the first floor of the building indicated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff is an urban environment rearrangement project association established to implement a redevelopment project at a size of 86,360.80 square meters in the Seoul Northern-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F.

B. Defendant B and D occupy the said building as the owner who completed the registration of ownership transfer on March 22, 2007 with respect to each of the 1/2 shares of each of the buildings listed in the separate sheet within the said rearrangement project zone (hereinafter “instant building”). Defendant E leases and occupies the leased part of the attached sheet 1, 5, 6, 7, 8, 8, 9, 31.56 square meters on the ship (b) in which each of the above buildings was jointly connected 1/2 from the above Defendants.

C. On January 22, 2019, the head of Gwangju Metropolitan City North Korea North Korea approved the management and disposal plan for the Plaintiff, and publicly notified the Plaintiff as G publicly notified on January 30, 2019.

On the other hand, on October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Expropriation Committee as of December 14, 2019. From December 10, 2019 to December 12, 2019, Defendant B and D deposited KRW 101,850,000 (Defendant B, No. 1054, Oct. 1054, 2019; and Defendant D 13,962,370 (Defendant B, No. 10265, Oct. 105, 2019; and Defendant D 10466, Oct. 26, 2019) for the adjudication of expropriation on the site, etc. of the instant building, respectively.

[Reasons for Recognition] Defendant E: (Article 150(3) of the Civil Procedure Act) deemed as confession (Article 150(3))

2. Determination on the cause of the claim

(a) Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78 (4), if any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings, has been publicly notified under Article

However, any of the following:

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