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(영문) 광주지방법원 2019.05.15 2018가단516324
건물명도(인도)
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, and Defendant D, respectively.

Reasons

1. The facts of recognition

The plaintiff is established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") with the project implementation district of 44,056 square meters in Dong-gu, Gwangju Metropolitan City, and is the Housing Redevelopment and Improvement Project Association approved by the head of Dong-gu, Gwangju Metropolitan City.

B. On January 11, 2017, and March 26, 2018, the management and disposal plan was publicly notified by the head of the Dong-gu Gwangju Metropolitan City upon receiving each authorization for the implementation of the project.

C. The Plaintiff filed an application for adjudication of expropriation with the Gwangju Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on the compensation for the Defendants. Accordingly, on October 31, 2018, the said Land Expropriation Committee decided on December 15, 2018 to determine the starting date of expropriation and the amount of compensation. Accordingly, on December 13, 2018, the Plaintiff deposited the total amount of the adjudication determined during the said adjudication procedure.

Attached Form

The real estate indicated in the list 1 was owned by Defendant B, Defendant C, and Defendant C for the three real estate listed in the same list, and Defendant E for the four real estate listed in the same list. On December 15, 2018, the registration of ownership transfer was made under the Plaintiff’s name on the ground of expropriation on December 14, 2019, but the Defendants currently possess each of the above real estate.

【Ground of recognition】 The fact that there exists no dispute, Gap’s 1 through 11, Gap’s 33-2 through 4,6, Gap’s 34-1 through 3, 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the approval and public notice of the management and disposal plan of the plaintiff was made, and the plaintiff deposited the full amount of compensation before the commencement date of expropriation and completed compensation for losses. Thus, the defendants are obligated to deliver each possessed building to the plaintiff who acquired the right to use and make profits pursuant to the main sentence of Article 81(1) of the Act.

B. As to this, the Defendants are the amount of compensation determined in the adjudication of expropriation against the Defendants compared to the surrounding land, etc.

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