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(영문) 대구지방법원 2019.03.22 2018가단136096
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant D, each of the real estate listed in the separate sheet 1, and the real estate listed in the separate sheet 2.

Reasons

1. Basic facts

A. On March 7, 2008, the Plaintiff is a housing redevelopment and rearrangement project association which has obtained an approval for the establishment of a housing redevelopment and improvement project association as prescribed by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of Daegu-gu Seoul Metropolitan Government on March 7, 2008 for the purpose of promoting a housing redevelopment project within 37,567 square meters in Seoul-gu E

B. On December 21, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of Daegu-gu Seoul Metropolitan Government, and the said management and disposal plan was publicly notified on December 29, 2017 as the Daegu-gu public notificationF.

C. The Defendants, as owners and occupants of the attached list 1 and 2 real estate located in the rearrangement zone of this case (hereinafter “instant 1 and 2 real estate”), did not apply for parcelling-out during the period of application for parcelling-out in accordance with the Plaintiff’s announcement of the application for parcelling-out.

On June 25, 2018, the Daegu Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on August 10, 2018 with respect to the instant real estate 1 and 2 on June 25, 2018, and the Plaintiff deposited the full amount of compensation (Defendant B 140,74,000 won, Defendant D418,806,40 won, and Defendant D) with the Defendants as depositors on August 8, 2018 following the said ruling of expropriation.

E. On March 7, 2019, the Plaintiff deposited the movable property transfer cost (Defendant B 1,066,864 won, Defendant D 2,133,728 won) with the Defendants as the principal deposit.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 9, 13 (including paper numbers), the purport of the whole pleadings

2. On December 21, 2017, the Plaintiff obtained the approval of the management and disposal plan from the head of the Nam-gu Seoul Metropolitan City, and the said management and disposal plan was publicly notified as F of the Nam-gu, Daegu Metropolitan City public notice on December 29, 2017.

According to Article 81 (1) of the Urban Improvement Act, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall use or benefit from the previous land or building when the approval of the management and disposal plan is publicly notified.

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