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(영문) 대구지방법원서부지원 2020.09.03 2019가단69145
부동산 인도 등
Text

The Defendants’ respective “Possession” portion of each real estate indicated in the separate sheet to the Plaintiff, respectively.

Reasons

Basic fact is that the plaintiff is a housing redevelopment and consolidation project association which has obtained authorization for establishment of a project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") with the Daegu-gu D Day as

On September 21, 2018, the Plaintiff received an approval for the management and disposal plan from the head of the Gu of Daegu Metropolitan City, and on October 1, 2018, the head of the Daegu Metropolitan City publicly notified the approval for the management and disposal plan.

The defendants occupy each "Possession portion" of the real estate listed in the attached list in the plaintiff's project implementation district.

On June 25, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee made a ruling of expropriation on August 9, 2019 with regard to each real estate listed in the attached list.

On July 29, 2019, the Plaintiff deposited KRW 270,688,160 as compensation for losses on the real estate stated in the attached Table 2 in the above expropriation ruling with Defendant C as a depositee.

In addition, on August 9, 2019, the Plaintiff deposited KRW 14,700,000, which is set forth in attached Table 1 in the above expropriation ruling, with Defendant B as a depositee.

[Reasons for Recognition] The party's assertion and determination of Gap's evidence Nos. 1 through 4 and the purport of the whole pleading

A. The main text of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) provides that "the owner, superficies, leasee, right holder, etc. of the previous land or building shall not use or benefit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78(4)." When the approval of the management and disposal plan is publicly notified, the use or benefit of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or benefit from the previous land or building, so Supreme Court Decision 2

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