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(영문) 광주지방법원 2019.02.14 2018가합53868
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall set out in attached list 2.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association established with the area of the project of Gwangju H H 44,056 square meters as a project implementation district.

B. On September 4, 2015, the Plaintiff was authorized by the head of Gwangju Dong-gu to establish the association, the authorization to implement the project on January 11, 2017, and the authorization to implement the management and disposal plan on March 26, 2018. On the same day, the head of Gwangju Dong-gu announced the approval to implement the management

C. The Defendants own each real estate listed in the separate sheet in the Plaintiff’s project implementation district.

The Plaintiff filed an application for adjudication of expropriation with the Seoul Metropolitan City Regional Land Expropriation Committee, which did not consult with the Defendants on the compensation for losses.

On October 31, 2018, the above local land expropriation committee decided the commencement date of expropriation on December 15, 2018 and decided to expropriate each real estate owned by the Defendants.

(hereinafter referred to as “instant acceptance ruling”). E.

On December 13, 2018, according to the instant ruling of acceptance, the Plaintiff deposited the compensation for losses on behalf of the Defendants as follows.

The purport of the entire pleadings as follows: (a) the Gwangju Gwangju District Court Decision 7794No. 227,384,650 won (Seoul District Court 2018) No. 7822-204,153,100 won (Seoul District Court 2018) No. 7828-28, 189,340,350 won (Seoul District Court 2018) No. 7833-245,419,910 won (Fju District Court 7797-104,196,800 won) No. 7804,14,490,400 won (based on recognition); and (b) the purport of the entire pleadings as to the facts of no dispute as to the Plaintiff’s 1 through 11, 15 through 291, 250, and 400 won (based on recognition); and

2. Determination

A. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the cause of the claim is that “the owner, superficies, leaseer, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of transfer under Article 86.”

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