beta
Text
The Plaintiff
A. Defendant B: (a) the buildings listed in paragraph 1 of the attached list;
B. Defendant C is a building listed in attached Table 2.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment improvement project association that promotes housing redevelopment projects in Gwangju-gu D pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).
B. Defendant B occupies the building as the owner of the building listed in the attached Table No. 1, and Defendant C occupies a part of the building listed in the attached Table No. 2 as the lessee of the part of the building indicated in the attached Table No. 2, and the part (A) of the building connected each point of the attached Table No. 1, 2, 3, 4, and 1 among the above building in sequence.
C. The Plaintiff obtained authorization from the head of the Dong-gu Gwangju Metropolitan City on August 29, 2007 from the head of the Dong-gu, and the head of the Dong-gu Gwangju Metropolitan City issued an authorization to implement the project on February 20, 2017 and announced August 22, 2007, and approved and announced the management and disposal plan on July 27, 2018.
The plaintiff was adjudicated to expropriate the building on August 20, 202 by the Gwangju Metropolitan City Land Tribunal as the date of commencement of expropriation, and on August 14, 2020, the Gwangju District Court deposited KRW 515,327,750 as compensation for the expropriation of the building, etc. listed in the attached Table No. 1 as the depositee of the defendant B, as the Seoul District Court No. 6407, August 14, 2020.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Act on the Acquisition of Land, etc.”) provides that “Any right holder, such as the owner, 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), if any, is publicly notified: Provided, That this shall not apply to any of the following cases: