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(영문) 광주지방법원 2018.10.31 2018가단515345
건물명도(인도)
Text

1. Defendants B, C, D, F, and G shall deliver each of the pertinent buildings listed in the separate sheet to the Plaintiff.

2. Defendant E.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment Improvement Project Association with the approval of the establishment on March 23, 2015 for the purpose of implementing the Housing Redevelopment Improvement Project for the Gwangju Northern District (hereinafter “instant rearrangement Project”) and completed the establishment registration on March 26, 2015.

B. The progress of the instant rearrangement project is as follows.

- Authorization to implement the project on March 31, 2017 - Public announcement of authorization to implement the project on April 4, 2017 (I public announcement of the authorization to implement the project on November 15, 2017 - Public announcement of the approval to implement the management and disposal plan on November 16, 2017 (Public NotificationJ of the approval to implement the project on November 16, 2017)

C. Defendant E is the tenant of the relevant building indicated in the attached list, and the remaining Defendants are the owners of the relevant building indicated in the attached list, and each of the relevant buildings listed in the attached list from the date the management and disposal plan of the instant improvement project was authorized and publicly announced to the present time.

On September 21, 2018, the Plaintiff deposited compensation for the remaining Defendants (hereinafter referred to as “persons subject to cash clearing”), excluding Defendant E, according to the adjudication of the Gwangju Metropolitan City Regional Land Expropriation Committee (Seoul Metropolitan City, August 9, 2018).

E. On July 30, 2013, after May 15, 2013, the date of publication for district designation for public inspection, Defendant E is not subject to relocation expenses by filing a move-in report on the pertinent real estate as indicated in the separate sheet.

The transfer cost of movable property against Defendant E is KRW 1,202,486.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 8, 9, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

(a) Article 81(1) of the Urban and Environmental Improvement Act (hereinafter “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78(4), when the owners, superficies, persons having leaseholds, etc. of the previous land or buildings are publicly notified.

Provided, That the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply.

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