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(영문) 광주지방법원 2019.06.14 2018나65773
건물명도(인도)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this part of the facts of recognition are the same as the reasons for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Article 81(1) of the Act on the Determination of Grounds for Claims provides that "Any right holder, such as the owner, superficies, person having a right to the previous land or building, and person having a right to lease, shall not use or benefit from the existing land or building until the date of public announcement of the approval of the management and disposal plan under Article 78(4), if the approval of the management and disposal plan under Article 86 is publicly notified," and Article 81(2) of the same Act provides that "the project implementer shall remove the existing building after obtaining the approval of the management and disposal plan under Article 74(

Therefore, the notice of approval of the management and disposal plan was given on November 16, 2017. Therefore, barring any special circumstance, the Defendants cannot use or benefit from the instant real estate and are obligated to deliver the said real estate to the Plaintiff, who is the project implementer.

3. Judgment on the defendants' assertion

A. Determination 1 on the assertion that the Defendants constituted a person subject to cash settlement by withdrawing the application for parcelling-out) The Defendants asserted by the Defendants are subject to cash settlement as stipulated in Article 44(4)1 of the Plaintiff’s articles of incorporation upon filing an application for withdrawal with the Plaintiff around July 20, 2018. As such, the Plaintiff’s Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

(2) According to the Plaintiff’s articles of incorporation, where a partner falls under “a person who fails to file an application for parcelling-out” or “a person who has withdrawn an application for parcelling-out,” the Plaintiff’s articles of incorporation is 150 days from the date following the expiration date of the period for application for parcelling-out.

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