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(영문) 광주지방법원 2020.01.29 2019가단523381
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

Basic Facts

The plaintiff is a housing redevelopment project cooperative established to implement housing redevelopment improvement projects in the area of 86,360.80 square meters of Seoul Northern-gu, Gwangju.

The defendant is the owner of the building in the attached list within the above improvement project zone (hereinafter referred to as the "building in this case"), who has not filed an application for parcelling-out within the period of parcelling-out.

On January 22, 2019, the head of Gwangju Metropolitan City North Korean government approved the management and disposal plan for the plaintiff, and announced it as D public notification on January 30, 2019.

On October 30, 2019, the Plaintiff received a ruling of expropriation from the Gwangju Metropolitan City Regional Land Tribunal as of December 14, 2019. On December 12, 2019, the Plaintiff deposited KRW 30,780,380 of the compensation for the adjudication of expropriation of the instant building as the Defendant for the deposited person under the Gwangju District Court Decision No. 2019, Dec. 12, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, the purport of the whole argument, and Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") provides that "the owner, superficies, leaseer, etc. of the previous land or building may not use or profit from the previous land or building until the date of the public announcement of the approval of the management and disposal plan under Article 78 (4): Provided, That the same shall not apply to cases falling under any of the following subparagraphs."

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 a rearrangement project. Article 40 (1) of the Act on the Maintenance and Improvement of Urban Areas shall apply mutatis mutandis to the project implementer except for the use under

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