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(영문) 광주지방법원 2020.04.14 2019가단523589
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project on the area of 86,360.80 square meters in the Seoul Northern-gu Seoul Northern-gu Seoul metropolitan area.

The defendant is the owner who completed the registration of ownership transfer on February 8, 1985 with respect to the buildings listed in the attached list within the above improvement project zone (hereinafter referred to as the "building of this case"), and became a cash liquidation agent because he did not apply for parcelling-out within the period of parcelling-out.

On January 22, 2019, the head of Gwangju Metropolitan City North Korean government approved the management and disposal plan for the plaintiff, and announced it as D public notification on January 30, 2019.

On October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of December 14, 2019. On December 10, 2019, the Plaintiff deposited 64,965,000 won (land),40,912,850 won (building) with the deposited person as the Defendant, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination as to the cause of action

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “the owner, superficies, leasee, etc. of the previous land or building may not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78(4), if any, is publicly notified: Provided, That this shall not apply to any of the following cases:

Article 65 (1) of the Act on the Maintenance and Improvement of Urban Areas provides that the Act on the Maintenance and Improvement of Urban Areas shall apply mutatis mutandis to expropriation or use for the implementation of a rearrangement project.

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