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(영문) 광주지방법원 2016.07.08 2016가단503539
건물명도
Text

1. The Defendants shall deliver each of the pertinent real estate listed in the separate sheet to the Plaintiff.

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

Reasons

Facts of recognition

The Plaintiff is the Housing Redevelopment and Improvement Project Association established to implement the Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in the Dong-gu Seoul Special Metropolitan City G G-gu 59,535 square meters (hereinafter “instant project area”).

The Plaintiff received authorization from the head of the Dong-gu Gwangju Metropolitan City to establish an association on September 18, 2007, authorization to implement the project on April 30, 2015, and authorization for a management and disposition plan on February 5, 2016 (hereinafter “instant management and disposition plan”). The head of the Dong-gu Gwangju Metropolitan City publicly announced the instant management and disposition plan on February 5, 2016 and February 11, 2016.

The Defendants are the owners, right holders, etc. of each pertinent real estate (hereinafter referred to as “each of the instant real estate”) indicated in the separate sheet located within the instant business zone.

[Ground for recognition] Plaintiff and Defendant F: Each entry in Gap evidence Nos. 1 through 35 (including each number), the purport of the entire pleadings, and the remaining Defendants: Confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act) (Article 208(3)2 and Article 150(3) of the Act on the Determination of Grounds for Claim, when a public announcement of a management and disposal plan is made pursuant to Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, cannot use or benefit from the previous land or building until the public announcement of transfer under Article 54 of the same Act is made, and the project operator can use or benefit from it (see, e.g., Supreme Court Decision 2012Da62561, Jul. 24, 2014).

In this case, on February 5, 2016, the head of the Dong-gu Gwangju Metropolitan City approved the management and disposal plan for the rearrangement project in this case, and on February 5, 2016 and on February 11, 2016.

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