Text
1.For the plaintiff: (a)
Defendant B shall have the real estate listed in the attached Table 1 list, B.
Defendant C shall provide the real estate listed in the attached Table 2, C.
Reasons
1. Facts of recognition;
A. The Plaintiff is an association established to implement a housing redevelopment improvement project with respect to the area of 36,859 square meters under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which was approved on December 11, 2012, and was approved to establish an association on October 23, 2015, and was publicly notified of the management and disposal plan on November 2, 2015.
B. Each real estate listed in the separate sheet is located in the above rearrangement zone, and the Defendants own each of the Defendants’ respective real estate indicated in the order.
C. The Defendants were eligible for cash settlement without filing an application for parcelling-out, and the Chungcheongnam-do Regional Land Tribunal of Chungcheongnam-do determined on March 18, 2019 the commencement date of expropriation as of May 1, 2019 and decided to expropriate each real estate listed in the separate sheet, and the Plaintiff deposited the Defendants the compensation for losses as prescribed by the above acceptance ruling on April 30, 2019.
[Reasons for Recognition] Unsatisfy, Gap 1-6 evidence (including virtual number), the purport of the whole pleadings
2. The main sentence of Article 81(1) of the Act on the Determination of Urban Improvement provides that "any right holder, such as the owner, superficies, person having a right to the previous land or building, person having a right to lease, or lessee, shall not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, if the approval of the management and disposal plan is publicly notified under Article 78(4)." The proviso to the same provision provides that "However, the same shall not apply where the consent of the project operator is obtained (Article 1) and where the compensation for losses under the Act on the Acquisition of Land,
According to the above facts, the plaintiff completed the compensation for losses as prescribed in the proviso of Article 81 (1) of the Urban Improvement Act after the approval of the management and disposal plan under the Urban Improvement Act was publicly announced. The defendants lose their right to use and benefit from each of the relevant real estate stated in the attached list, and the plaintiff