logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.10.16 2020가단504935
건물인도
Text

The Defendants deliver to the Plaintiff the buildings indicated in the attached list.

Litigation Costs shall be borne by the Defendants.

Paragraph 1.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association established to implement housing redevelopment and improvement projects in the Dong-gu Seoul metropolitan area D.

B. The head of the Dong-gu Gwangju Metropolitan City approved the management and disposal plan on July 27, 2018 for the plaintiff, and publicly notified the plan to the Dong-gu Seoul Metropolitan City public notification E on the same day.

C. The Defendants occupy the said building without filing an application for parcelling-out within the period of parcelling-out as the 1/2 equity ownership of each of the buildings listed in the attached list within the said rearrangement project zone (hereinafter “instant building”).

On July 1, 2020, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Expropriation Committee on August 20, 2020 on the commencement date of expropriation, and on August 14, 2020, deposited the full amount of compensation for expropriation of the instant building, etc. with the Defendants as the depositee.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to the previous land or building, lease on a deposit basis, lease on a deposit basis, etc. shall not use or profit from the previous land or building by the date of public announcement of transfer under Article 78(4), if a public announcement of a management and disposal plan is made under Article 78(4): Provided, That this shall not apply where a project operator’s consent or a compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”)

On July 27, 2018, the notice of the approval plan for the management and disposal plan for the plaintiff was issued on July 27, 2018, and the fact that the plaintiff deposited compensation for the defendants, the owner of the building of this case, until the commencement of expropriation, is as stated in the above basic facts. Thus, the plaintiff is governed by the Land Compensation Act under Article 81(1) of the Urban Improvement Act.

arrow