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(영문) 광주지방법원 2019.04.18 2018가단532999
건물명도(인도)
Text

1. The building indicated in the separate sheet No. 10 by Defendant B to the Plaintiff, and the building indicated in the separate sheet No. 11 by Defendant C to the Plaintiff respectively.

Reasons

1. Facts of recognition;

A. On January 27, 2014, the Plaintiff is the Housing Redevelopment and Improvement Project Association approved by the head of the Dong-gu Gwangju Metropolitan City head of the Dong-gu under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On May 31, 2016, the head of the Dong-gu Gwangju Metropolitan City publicly notified the Plaintiff’s authorization to implement a management and disposal plan on December 5, 2017 (hereinafter “instant authorization for the management and disposal plan”), and publicly notified the same on the same day.

C. The Defendants owned the real estate indicated in the disposition No. 1 located in the project implementation district, and possessed the said real estate.

On November 22, 2018, according to the adjudication of expropriation by the Seoul Metropolitan City Land Tribunal, Defendant B as a depositee, and Defendant C as a depositee, and Defendant C as a depositee on October 30, 2018, respectively, deposited the compensation for losses for real estate listed in the attached Table 11.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. Determination

A. When a public notice of a management and disposal plan stipulated in the Act on the Determination of the Grounds for Claims is given, the use and profit-making of right holders, such as owners, superficies, persons having chonsegwon, and lessees, of the previous land or buildings, shall be suspended, and the project implementer may use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants are obligated to deliver to the Plaintiff who acquired the right to use and benefit in accordance with the public notice of the management and disposal plan of this case

B. The Defendants asserted that the Defendants cannot respond to the Plaintiff’s claim until receiving appropriate compensation, etc. from the Plaintiff.

The plaintiff shall make the defendants as a deposit in accordance with the adjudication of expropriation by the local land expropriation committee of Gwangju Metropolitan City.

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