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(영문) 광주지방법원 2016.07.22 2016가합51035
건물명도
Text

1. The Defendants deliver to the Plaintiff each of the relevant real estate listed in the separate sheet.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has been established by making the F 59,535 square meters in the Dong-gu, Gwangju Metropolitan City as a project implementation district.

B. The Plaintiff obtained authorization from the head of the Dong-gu Gwangju Metropolitan City to establish the association on September 18, 2007, authorization to implement the project on April 30, 2015, and authorization of the management and disposition plan on February 5, 2016 (hereinafter “instant management and disposition plan”), respectively, and the head of the Dong-gu Gwangju Metropolitan City announced the instant management and disposition plan on February 5, 2016 and February 11, 2016.

C. The Defendants are the owners of each pertinent real estate indicated in the separate sheet located in the project implementation district (hereinafter “each of the instant real estate”) and who did not apply for a parcelling-out in cash.

The Plaintiff filed an application for adjudication of expropriation with the competent local land expropriation committee in Gwangju Metropolitan City, which did not reach an agreement on compensation for losses with the Defendants regarding each of the instant real estate. On May 27, 2016, the said committee set compensation for losses against the Defendants on July 11, 2016, and made an adjudication of expropriation (hereinafter “instant adjudication of expropriation”) as indicated below.

Defendant C 64,475,600 won in total, KRW 38,461,00 in KRW 102,936,60 in KRW 38,475,60 in KRW 38,461,00 in KRW 102,936,60 in KRW 90,731,450 in KRW 131,771,750 in KRW 120,641,50 in KRW 120,641,50 in total, amounting to Defendant D 41,040 in KRW 97,285,650 in KRW 23,35,50 in total, amounting to KRW 120,641,150 in amount.

E. On June 17, 2016, the Plaintiff deposited the full amount of compensation for losses under the above expropriation ruling.

[Ground of recognition] Facts without dispute, Gap 1 through 9, 17, 18, 25, 31, 32 (including each number), the purport of the whole pleadings

2. Determination

(a) The main sentence of Article 49(6) of the Act on the Determination of Grounds for Claims shall not be permitted to use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54.

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