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(영문) 광주지방법원 2018.12.07 2018가단503571
건물명도(인도)
Text

1. The Defendant shall deliver to the Plaintiff a room of 157.25 square meters underground among the buildings listed in the attached list.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association which has been authorized by the head of Gwangju Metropolitan City North Korean government to establish the Seoul Northern District as a project implementation district pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The Plaintiff received project implementation authorization from the head of Gwangju Metropolitan City North Korea on September 12, 2016, and received a decision on March 20, 2018, and publicly notified the management and disposal plan on March 24, 2018.

C. The Defendant is a person who leases a real estate underground room 157.25 square meters and operates a business with the trade name “D” and occupies it.

As the Plaintiff did not reach an agreement on the business compensation with the Defendant, the Plaintiff filed an application for adjudication of expropriation with the Gwangju Metropolitan City Regional Land Expropriation Committee, and the Gwangju Metropolitan City Regional Land Expropriation Committee made an adjudication on September 20, 2018 on the date of commencement of expropriation with the amount of KRW 38,180,000, and the date of commencement of expropriation set as of November 4, 2018.

E. According to the above judgment, the Plaintiff deposited KRW 38,180,000 in the name of the Defendant as the Gwangju District Court No. 6679 in 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 3-1, 2, Gap evidence 4-6, the purport of the whole pleadings

2. According to the above facts of recognition, pursuant to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas, the Defendant, the lessee of the underground part of the real estate listed in the attached list, is obligated to order the Plaintiff, who acquired the right to use and profit from the above real estate, to clarify

Although the defendant asserts that he could not respond to the plaintiff's request on the grounds that he was still under adjudication and did not deposit, the fact that the plaintiff deposited KRW 38,180,000 with the Gwangju District Court No. 6679 in 2018, the fact that the plaintiff deposited the business loss compensation for the defendant as above.

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