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(영문) 수원지방법원안산지원 2020.02.26 2019가단57728
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) real estate listed in [Attachment A] No. 1;

B. Defendant C is listed in [Attachment 2] list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment project (hereinafter “instant project”) with respect to housing redevelopment project with respect to 162,616.1 square meters of K in Gwangju-si, the Plaintiff was granted authorization to implement the project on October 28, 2016 from the Gwangju-si Market; and the authorization to implement the instant project on November 9, 2018, respectively.

On November 9, 2018, the luminous Mayor publicly announced the management and disposal plan authorized (hereinafter referred to as the "management and disposal plan of this case").

B. The Defendants occupy each part of the real estate stated in paragraph (1) of this case (hereinafter “each of the instant real estate”) as the owner or lessee of each part within the instant business zone.

C. On August 12, 2019, the Gyeonggi-do Regional Land Tribunal rendered a ruling to expropriate each of the instant real estate on September 26, 2019 with the date of commencement of expropriation as of September 26, 2019, and the Plaintiff deposited the total amount of compensation for each of the instant real estate as deposited by Defendant B, C, G, I, and J prior to the respective commencement date of expropriation.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 13, the purport of whole pleading

2. Determination on the cause of the claim

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When a right holder, such as the owner, superficies, person having a right to lease, or lessee of the previous land or structure, has publicly notified the approval of the management and disposal plan, the former land or structure shall not be used or profit from it until the date of the public notification of the transfer: Provided, That this shall not apply where the project operator’s consent or where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor

Therefore, the project implementer of the housing redevelopment project shall receive the land or buildings in the rearrangement zone owned by him/her from the person subject to cash settlement.

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