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(영문) 대전지방법원 2018.12.13 2018가단216404
부동산인도 등
Text

1. The Plaintiff:

(a) Defendant B shall have the real property listed in paragraph 1 of the attached list of real property:

B. Defendant C shall provide attached real estate.

Reasons

1. Basic facts

A. The Plaintiff is the Daejeon Dong-gu Housing Redevelopment Project Association established with the size of F 103,429.8 square meters as a project implementation district.

B. On February 26, 2018, the Plaintiff received a management and disposal plan (hereinafter “management and disposal plan of this case”) from the head of the Dong-gu Daejeon Metropolitan City on February 26, 2018, and the head of the Daejeon Metropolitan City Dong-gu

C. The Defendants, as owners of each real estate listed in the separate sheet of real estate located in the Plaintiff’s project implementation district (hereinafter “each real estate of this case”), became eligible for cash settlement due to the failure to file an application for parcelling-out with respect to the Plaintiff’s notice of application for parcelling-out.

The Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Daejeon Metropolitan City where the Defendants did not consult on the compensation for losses.

On October 12, 2018, the above local Land Expropriation Committee set the commencement date of expropriation as November 13, 2018 and rendered a ruling of expropriation of each of the instant real estate, etc. owned by the Defendants.

(hereinafter referred to as “instant acceptance ruling”). E.

On October 31, 2018, the Plaintiff deposited compensation for losses under the instant expropriation ruling for the Defendants.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 5, 10 to 12, and the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan is authorized and publicly notified, a right holder, such as the owner of a previous parcel of land or structure, may not use or benefit from the previous parcel of land or structure until the date of the public announcement of transfer under Article 86 of the same Act, and the project implementer may use or benefit from

When the management and disposal plans prescribed by the Urban Improvement Act are authorized and publicly announced, owners, superficies, persons having chonsegwon, leasers, etc. of the previous land or buildings.

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