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(영문) 광주지방법원 2019.05.03 2018가합53981
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. As to the shares of 1/3 attached hereto.

Reasons

1. Basic facts

A. According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is a housing redevelopment and rearrangement project association established on September 4, 2015 for housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 44,056 square meters in Gwangju-dong-gu Seoul Special Metropolitan City as a rearrangement project area (hereinafter “instant rearrangement project”).

B. The Plaintiff received authorization to implement the instant rearrangement project from the head of the Dong-gu Gwangju Metropolitan City on January 11, 2017, and obtained approval for the management and disposal plan on March 26, 2018, and the head of the Dong-gu Gwangju Metropolitan City publicly notified the approval plan for the management and disposal plan on March 26, 2018.

C. Defendant B is the owner of the real estate listed in paragraph (1) of the attached Table No. 1, Defendant C is the owner of the real estate listed in paragraph (1) of the attached Table No. 2, the 1/3 shares among the real estate listed in paragraph (a) of the attached Table No. 2, the co-owner of each 1/7 shares among the real estate listed in paragraph (3) of the attached Table, and each of the above real estate

The Plaintiff consulted with the Defendants for the transfer of each of the above real estate, but failed to reach an agreement, thereby making an application for adjudication.

On October 31, 2018, the Gwangju Metropolitan City Regional Land Expropriation Committee rendered a ruling on the compensation for losses to Defendant B as KRW 229,117,350, the compensation for losses to Defendant C at KRW 1,084,706,540, and the starting date of expropriation as of December 15, 2018 (hereinafter “instant expropriation ruling”).

Accordingly, on December 13, 2018, the Plaintiff deposited the total amount of each acceptance ruling to the Defendants.

[Reasons for Recognition] Facts without dispute, Gap's 1 through 3, 9, 10, 13 through 15, 20 through 27 (including each number), the purport of the whole pleadings

2. When the authorization of a management and disposal plan prescribed in Article 78 (4) of the Act on the Determination of Grounds for Claims is publicly announced, the use and profit-making of the right holder, such as the owner, superficies, person having a right to lease on the previous land or buildings, and the lessee shall be suspended pursuant to the main sentence of

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