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(영문) 광주지방법원 2020.04.24 2019가단541839
건물인도
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The Plaintiff is a housing redevelopment project partnership established to implement a housing redevelopment project on the scale of 45,765m2 in Dong-gu, Gwangju Metropolitan City to implement housing redevelopment project.

The Defendants are co-owners of the buildings listed in the attached list in the above improvement project zone (hereinafter “instant building”).

On June 16, 2008, the head of Dong-gu, Gwangju Metropolitan City approved the establishment of redevelopment cooperatives for the plaintiff, approved the management and disposal plan on April 2019, and announced it as E public notice of the Dong-gu, Gwangju Metropolitan City on April 16, 2019.

The plaintiff was adjudicated to expropriate the building on January 30, 202 by the Gwangju Metropolitan City Land Tribunal for expropriation on January 30, 2020. On January 28, 2020, the Special Metropolitan City District Court 2020, No. 472, and 473, which made the defendants as the principal deposit, deposited 125,826,460 won as compensation for each building of this case.

With respect to the Defendants’ share of the instant building, the registration of ownership transfer was completed in each of the Plaintiffs on the grounds of the acceptance on January 30, 2020.

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

2. Determination

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “the owner, superficies, leasee, etc. of the previous land or building may 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:

Article 65 (1) of the Act on the Maintenance and Improvement of Urban Areas provides that the Act on the Maintenance and Improvement of Urban Areas shall apply mutatis mutandis to expropriation or use for the implementation of maintenance projects.

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