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(영문) 광주지방법원 2020.07.15 2020가단506894
건물인도
Text

1. The Plaintiff, Defendant B, and Defendant C, the buildings listed in the attached Table No. 1, Defendant C, and Defendant D, respectively.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association that promotes a housing redevelopment project (hereinafter “instant redevelopment project”) in the Dong-gu Seoul Metropolitan City E zone under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Plaintiff obtained authorization from the head of the Dong-gu Gwangju Metropolitan City on August 29, 2007 from the head of the Dong-gu, and the head of the Dong-gu Gwangju Metropolitan City issued an authorization to implement the project on February 20, 2017, and announced on the 22th of the same month, and approved and announced the management and disposal plan on July 27, 2018.

B. Defendant B is the owner of each building listed in the attached Table B, the building listed in the attached Table C, and the building listed in the attached Table C, and the Defendant D is the owner of each building listed in the attached Table B.

C. According to Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the management and disposal plan is authorized and publicly announced, the owner or lessee of the land or building in the rearrangement zone shall suspend the use and profit-making of the previous land or building until the date on which the transfer of ownership is publicly announced, and allow the association

[Ground for recognition] 0 Defendant C: A without dispute over the fact that there is no dispute, and as to Defendant C, each entry of Gap 1 through 5 evidence: Decision of deemed confession (Article 208(3)2 of the Civil Procedure Act) 0 Defendant D: Decision by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Where a public announcement of a management and disposal plan is made under the Act on the Determination of Grounds for Claims, any rightful person, such as owners, superficies, persons holding superficies, leasers, etc. of the previous land or buildings, shall not use or benefit from the previous land or buildings (the main sentence of Article 81 (1) of the Urban Improvement Act), and

The Defendants were publicly notified on July 27, 2018, as seen earlier (Supreme Court Decision 2009Da53635 Decided May 27, 2010). As such, the approval of the management and disposal plan for the instant reconstruction project was publicly notified on July 27, 2018.

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