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(영문) 광주지방법원 2017.09.12 2017가단501004
건물명도(인도)
Text

1. The Plaintiff, Defendant B, Defendant C, and Defendant D are listed in attached Form 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization established to implement a housing redevelopment improvement project for the area (area 97,233 square meters) including the site of each building listed in the attached Table 1, 2, and 3 (hereinafter “each building of this case”). On April 29, 2016, the Plaintiff obtained authorization of the management and disposal plan for the housing redevelopment improvement project from the head of the Dong-gu Office of Gwangju on the same day, and the said authorization was publicly notified on the same day.

B. The Defendants are the owners of each building of this case, who have not filed an application for parcelling-out.

C. On March 15, 2017, the Gwangju Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation of each of the instant buildings (the date of commencement of expropriation). The Plaintiff deposited the business compensation, etc. for each of the instant buildings for the Defendants on May 12, 2017 according to the said ruling of expropriation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3-3, purport of whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval of a management and disposal plan is publicly announced, the Defendants, the owners of each building of this case, were unable to use or profit from the previous land or building until the date of the public announcement of relocation under Article 54, and the owners, persons having rights, such as the owners, superficies, leasers, etc. of the previous land or building, cannot use or profit from the previous land or building until the date of the public announcement of relocation under Article 54 (see Supreme Court Decision 2009Da53635, May 27, 2010). However, in light of the above legal principles, according to the foregoing facts, the Defendants, the owners of each building of this case, were unable to use or benefit from the management and disposal plan on April 29, 2016, as the public announcement of the approval of the management and disposal plan on housing redevelopment project was made, and thus

The Defendants shall be paid the resettlement funds, etc.

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