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(영문) 광주지방법원 2020.02.13 2019가단523831
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1.1. Basic Facts

A. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment improvement project (hereinafter “instant improvement project”) on the area of 86,360.80 square meters wide from Gwangju Northern-gu D Day in order to implement the housing redevelopment project (hereinafter “instant improvement project”).

B. Defendant B is the owner of the building indicated in the attached list within the above improvement project zone (hereinafter “instant building”), who did not apply for parcelling-out within the period of parcelling-out, and is a cash liquidation agent, and Defendant C’s children occupy the said real estate together with Defendant B.

C. On January 22, 2019, the head of Gwangju Metropolitan City North Korea North Korea approved the management and disposal plan for the Plaintiff, and publicly notified on January 30, 2019 as the E-public notice in Gwangju Metropolitan City North Korea.

On October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of December 14, 2019. On December 12, 2019, the Plaintiff deposited KRW 61,851,850 of the compensation for expropriation of the instant building as the Defendant for the deposited person under the Gwangju District Court Decision No. 2019, Dec. 12, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination:

A. (1) Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, leasee, right holder, etc. of the previous land or building may not use or benefit from the previous land or building until the date of public announcement of the approval of the management and disposal plan under Article 78(4), if the public announcement of the approval plan is made under Article 78(4), the former land or building shall not be used or benefit from it until the date of public announcement of relocation under Article 86.”

In addition, Article 40 (1) of the Act on Public Works, which applies mutatis mutandis under Article 65 (1) of the Act on the Maintenance of Urban Areas, shall have jurisdiction over the project operator by the commencement date of expropriation or use, except for the cases of use under Article 38 or

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