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(영문) 대구지방법원 2019.12.11 2019가단136444
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff: (a) obtained authorization to establish a housing redevelopment project (hereinafter “instant redevelopment project”); (b) on June 3, 2014; (c) obtained authorization from the head of the Gu of Daegu on January 23, 2017; and (d) obtained authorization for the implementation of the project on July 25, 2017, from the head of the Gu of Daegu to implement the housing redevelopment project (hereinafter “instant redevelopment project”).

On July 31, 2017, the head of Daegu Central District Court announced the amendment of the above project implementation.

B. On August 13, 2018, the Plaintiff obtained authorization from the head of the Daegu-gu head of the Gu to change the management and disposal plan, and the head of the Daegu-gu head of the Gu publicly notified the change on August 20, 2018.

C. The Defendant is the owner of each building listed in the separate sheet in the instant redevelopment project zone (hereinafter “instant building”) and is subject to cash settlement.

On July 15, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee decided on September 10, 2019 to expropriate the instant building and pay the Defendant KRW 421,065,520.

(hereinafter referred to as "the instant adjudication"). Accordingly, on September 2, 2019, the Plaintiff deposited the total amount of KRW 421,065,520 in front of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, one of the evidence Nos. 7-1, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to related Acts and subordinate statutes, any right holder, such as the owner, lessee, etc. of the previous land or structure, shall not use the previous land or structure or benefit therefrom until the date of the public announcement of transfer, except where the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) is not completed when the approval of the project operator is obtained or the public announcement of

(Article 81(1). In addition, according to the Public Works Act (Article 62(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents), a project operator shall decide by the competent Land Tribunal.

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