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(영문) 광주지방법원 2018.10.31 2018가단515147
건물명도(인도)
Text

1. The Defendants shall deliver each of the pertinent buildings listed in the separate sheet to the Plaintiff.

2. The costs of lawsuit shall be individually counted.

Reasons

1. As to Defendant G

(a) Grounds for a claim: To be as specified in attached Form 1;

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

2. As to the remaining Defendants

A. (i) The Plaintiff is the Housing Redevelopment Improvement Project Association with the approval of establishment on March 23, 2015 for the purpose of implementing the Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) for the Gwangju Northernbuk-gu H Group (hereinafter “instant Improvement Project”).

The progress of the instant rearrangement project is as follows.

- Authorization to implement the project on March 31, 2017 - Public announcement of authorization to implement the project on April 4, 2017 (Public notification I of the approval to implement the project on November 15, 2017 - Public announcement of the approval to implement the management and disposal plan on November 16, 2017 - Defendant B, C, D, and E are the owners of the relevant buildings listed in the attached list located within the instant improvement project zone (hereinafter “instant building”). Defendant F, and G occupy each of the relevant buildings listed in the attached list from the date the management and disposal plan of the instant improvement project was authorized to be approved to be approved to the present.

Applicant The Plaintiff deposited the compensation for losses due to the adjudication on the expropriation of Defendant B, C, D, and E by the Seoul Metropolitan City Land Expropriation Committee (as of August 9, 2018), respectively, on September 21, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

B. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) regarding the Plaintiff’s claim may not use or benefit from the previous land or building until the date of public announcement of transfer under Article 86, when the owner, superficies, leasee, leasee, etc. of the previous land or building is notified of the approval plan for the management and disposal under Article 78(4).

Provided, That where compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed, it shall be completed.

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