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(영문) 광주지방법원 2018.03.30 2017가단516532
건물명도(인도)
Text

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

2 Costs of lawsuit shall be borne by each party.

3...

Reasons

1. Determination as to the claims against Defendant B, C, D, E, F, H, I, and J

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant G

A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (referring to the public notice on approval of a management and disposal plan) provides that "if there has been a public notice under paragraph (3), any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure not later than the date of the public notice on relocation under Article 54: Provided, That the same shall not apply to the case of the right holder whose consent has been obtained from the project operator or whose compensation has not been completed under Article 40 and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed." Thus, when the management and disposal plan is authorized and the compensation for losses has been completed due to

The fact that the plaintiff received project implementation authorization and the management and disposal plan and publicly notified the details thereof, and the fact that the defendant G occupies the real estate specified in attached Form 6 does not conflict between the parties.

Therefore, Defendant G is obligated to deliver the said real estate to the Plaintiff, barring special circumstances.

B. As to this, Defendant G asserts that it cannot respond to the Plaintiff’s claim before receiving directors’ expenses and business compensation.

The relocation expenses, etc. recognized under Article 78(5) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, Article 41 of the Enforcement Decree of the same Act, and Articles 54 and 55 of the Enforcement Rule of the same Act shall be encouraged to be early relocation of owners, etc. who reside in the district where the relevant

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