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(영문) 광주지방법원 2019.01.09 2018가단515543
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.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association of housing redevelopment improvement projects, the establishment of which was approved on March 23, 2015 by the head of Gwangju Northern District (hereinafter “the head of North Korea”), and the establishment of which was registered on March 26, 2015, for the purpose of implementing the Housing Redevelopment Improvement Project for Gwangju Northern District (hereinafter “instant improvement project”).

B. 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 announcement H) - Public announcement of authorization to implement the project on November 15, 2017 - Public announcement of approval to implement the management and disposal plan on November 16, 2017 (Public notification I of Gwangju Metropolitan City North-gu)

C. Defendant C and D are the owners of each of the relevant buildings listed in the separate sheet in the instant rearrangement project zone. Defendant B is the owner of the relevant building as indicated in the separate sheet, Defendant B is the spouse of J, Defendant E, Defendant D’s children, and Defendant F occupies each of the relevant buildings listed in the separate sheet from the date when the management and disposal plan of the instant rearrangement project was authorized and publicly announced due to Defendant D’s fraud to the present time.

The Plaintiff filed an application for adjudication of expropriation on each of the relevant buildings possessed by the Defendants, and the Gwangju Regional Land Tribunal decided on August 9, 2018 the commencement date of expropriation as of September 21, 2018. The Plaintiff deposited compensation to the owners of each of the relevant buildings possessed by the Defendants on September 20, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Judgment on the plaintiff's request for extradition

(a) Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act") shall use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78 (4), when the owners, superficies, persons having a right, lease right, etc. of the previous land or buildings are publicly notified under Article 78 (4);

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