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(영문) 광주지방법원 2018.06.19 2017가단531722
건물인도
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet;

B. Defendant C is among the real estate listed in the separate sheet.

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”) on the area of 44,251 square meters in Nam-gu, Gwangju Metropolitan City.

B. The Plaintiff obtained authorization for the establishment of the Republic of Korea on July 24, 2012 from the head of the Nam-gu Gwangju Metropolitan City, and obtained authorization for the implementation of the project on October 20, 2016.

After that, on October 30, 2017, the management and disposal plan regarding the Housing Redevelopment Improvement Project (hereinafter “instant project”) was authorized, and the said authorization was publicly announced on October 31, 2017.

C. Defendant B is the owner of the real estate indicated in the separate sheet (hereinafter “instant real estate”) located within the instant project implementation zone, and Defendant C is operating one Council member by leasing the two floors of the instant real estate.

On February 14, 2018, the Plaintiff filed an application for adjudication of expropriation with the Seoul Metropolitan City Regional Land Expropriation Committee for the instant real estate on April 18, 2018 (hereinafter “instant adjudication of expropriation”), and received the adjudication of expropriation on May 28, 2018 (hereinafter “instant adjudication of expropriation”); on May 13, 2018, Defendant B paid KRW 1,241,70,000 of the compensation determined by the said adjudication; and on May 12, 2018, Defendant C paid KRW 8,050,000 of the amount of business loss compensation prescribed by the said adjudication.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to Article 81(1) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, a right holder, such as the owner of the previous land or structure, may not use or benefit from a management and disposition plan when the authorization of a management and disposition plan is publicly announced. However, the foregoing provision does not apply where the project operator’s consent or the compensation for losses under the Act on the Acquisition of Land, etc.

In addition, according to the main sentence of Article 65 (1) of the Urban Improvement Act, land for the implementation of housing redevelopment improvement project within the housing redevelopment improvement zone.

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