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(영문) 광주지방법원 2019.02.14 2018가단522312
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is 67.125 square meters per floor among the buildings listed in paragraph 1 of the attached Table 1 list;

B. Defendant C and D shall be as shown in attached Form 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in the first day of Gwangju Metropolitan City North-gu I.

B. The Plaintiff obtained authorization to establish an association from the head of Gwangju Metropolitan City North Korea, and obtained authorization to implement the project on September 12, 2016.

After that, on March 20, 2018, the management and disposal plan of the instant project was authorized, and the said authorization was publicly announced on March 24, 2018.

C. The Defendants occupy each of the above buildings as tenants of each of the pertinent buildings listed in Paragraph (1) of the Disposition No. 1 located within the execution zone of the instant project.

On September 20, 2018, the Plaintiff filed an application for adjudication to expropriate each building of this case with the Seoul Metropolitan City Regional Land Expropriation Committee (hereinafter “instant adjudication to expropriate”) and deposited the business compensation determined by the adjudication to expropriate the Defendant G on November 4, 2018 (hereinafter “instant adjudication to expropriate”), and around October 30, 2018.

[Ground of Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including additional numbers), the purport of the whole pleadings (for defendant E, by service by public notice, and for defendant B, C, D, E, and Dong, by confession)

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants, the lessee of each of the instant buildings, are obligated to deliver each of the instant buildings to the Plaintiff who completed the procedure of compensation for losses by depositing the business compensation prescribed in the adjudication of expropriation with respect to Defendant G, except in extenuating circumstances.

B. As to the Defendant F’s assertion, Defendant F cannot respond to the Plaintiff’s claim for delivery before receiving a little amount of compensation and director expenses from the Plaintiff. However, Defendant F is a person subject to business loss compensation.

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