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(영문) 대전지방법원 2019.02.12 2017가단227537
건물명도(인도)
Text

1. The Defendants stated in attached Table 1, “the indication of the real estate to be removed by the Defendant” in paragraph (2) of the same Article.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association which completed the establishment registration on December 17, 2012 after obtaining authorization from the head of the Gu of Daejeon Metropolitan City on December 6, 2012 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the housing redevelopment and rearrangement project with the housing redevelopment and rearrangement project district of the Daejeon-gu Daejeon Metropolitan City as the project implementation district (hereinafter “instant project”).

B. The Defendants possess the real estate indicated in attached Tables 1 and 2 (hereinafter “instant real estate”) that are obstacles to the instant business area as the owner thereof.

C. The Plaintiff received authorization to implement the project on October 19, 2015 from the head of the Gu among Daejeon Metropolitan City, and the authorization to implement the project on October 14, 2016, respectively. The authorization to implement the project was publicly notified on October 18, 2016.

On December 27, 2017, the Plaintiff filed an application for adjudication of expropriation with the Daejeon Metropolitan City Land Expropriation Committee (the date of commencement of expropriation on February 15, 2018), which did not reach an agreement with the Defendants on compensation for losses, and the said Committee rendered an adjudication of expropriation of real estate and obstacles, including the instant real estate (the date of commencement of expropriation).

E. On February 13, 2018, the Plaintiff deposited KRW 472,262,830 as the deposited person, and KRW 855,071,170 as the deposited person, and KRW 855,071,170 as the deposited person, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12 (including additional number), the purport of the whole pleadings

2. According to Article 49(3) and (6) of the former Act on the Maintenance and Improvement of Urban Areas (wholly amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan under the aforesaid Act is authorized and publicly announced and compensation for losses arising from the expropriation of land, etc. is completed, profit-making by a right holder, such as the owner, lessee, etc. of the previous land or buildings within the project implementation district, shall be suspended and a project implementer may use and benefit from such land

In light of the above legal provisions, after the management and disposal plan of the instant project was authorized and publicly announced, the Plaintiff is the Defendants.

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