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(영문) 대전지방법원 2020.06.25 2020가단105538
건물인도
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. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership that implements a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which designates Daejeon Jung-gu D Day (hereinafter “instant rearrangement project zone”) as a project implementation district.

B. On August 9, 2019, the head of Daejeon District Office approved and publicly notified a management and disposition plan on the instant rearrangement project formulated by the Plaintiff.

C. The Defendants occupied and used the real estate listed in the separate sheet in the instant rearrangement project zone (hereinafter “instant real estate”).

On April 6, 2020, the Land Tribunal rendered a ruling of expropriation on the instant real estate on May 15, 2020, with the date of expropriation as of May 15, 2020.

E. On May 14, 2020, the Plaintiff deposited the instant real estate under the Daejeon District Court No. 3041 with Defendant C as a depositee in Daejeon District Court Decision of 2020 as compensation for losses under the said expropriation ruling.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-5, Gap evidence 5-10, the purport of the whole pleadings

2. Article 81(1) of the Act on the Determination of the Grounds for Claims provides that “Any right holder, such as the owner, superficies, person having superficies, leasee, etc. of the previous land or building shall 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): Provided, That this shall not apply where the compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) has not been completed, with the consent of the project implementer or with the consent of the project implementer under Article 86

As seen earlier, the Plaintiff’s authorization was granted.

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