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(영문) 광주지방법원 2018.09.14 2017가단516648
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant C shall set out in attached list No. 4.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project with the area of 52,749 square meters located in the Dong-gu, Gwangju Metropolitan City as the business area.

B. On July 13, 2009, the Plaintiff obtained authorization for the implementation of the project from the head of the Dong-gu Gwangju Metropolitan City with respect to the above project zone, and received application for parcelling-out from its members, and on December 27, 2017, the Plaintiff was publicly notified as G of the Dong-gu Seoul Metropolitan City on the same day after obtaining approval for the management

C. The Defendants possessed each of the instant real estate as owners of each of the instant real estate listed in the separate sheet in the said project zone (hereinafter “each of the instant real estate”), and did not apply for parcelling-out to the Plaintiff.

The Plaintiff filed an application for adjudication of expropriation of each of the instant real estates with the Gwangju Metropolitan City Regional Land Expropriation Committee on June 11, 2018, and received the adjudication of expropriation as of July 26, 2018 (hereinafter “instant adjudication of expropriation”), and deposited the Defendants as depositors at the Gwangju District Court prior to the date of commencement of expropriation, with the said adjudication.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 41, 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 Act on the Improvement of Urban Areas and Dwelling Conditions, the expropriation or use of the ownership and other rights of the land or buildings for the implementation of the Housing Redevelopment Improvement Project within the Housing Redevelopment Improvement Zone.

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