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(영문) 대구지방법원 2020.05.14 2020나300839
건물명도(인도)
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On July 21, 2014, the Plaintiff is a housing redevelopment and consolidation project association which has obtained approval for the establishment of the association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of the Gu of Daegu as the project implementation district by making the Daegu D Workers as the project implementation

B. The Plaintiff obtained approval from the head of the Gu on April 17, 2018 from the Daegu-gu head of the Gu, and obtained approval for the implementation of the housing redevelopment project on February 25, 2019, and the head of the Daegu-gu head of the Gu publicly notified the approval for the management and disposal plan on February 28, 2019.

C. Defendant B is the possessor of the portion on the ship, which is linked to each of the items in the attached Form No. 1, 2, 3, 4, 5, 6, 1, and 202.11 square meters (hereinafter “the third floor of the instant real estate”), among the three floors of the real estate listed in the attached Form No. 1, 2, 3, 3, 4, 5, 5, 1, and 202. Defendant C is the possessor of the attached Form No. 1, 2, 3, 4, 5, 6, and 1 (hereinafter “the second floor of the instant real estate”). Defendant C is the possessor of the second floor of the instant real estate in the order of each of the items in the attached Form No. 1, 2, 3, 4, 5, 1 and 202.

On September 4, 2019, the Daegu Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on October 23, 2019 with regard to the real estate in this case by determining the starting date of expropriation as October 23, 2019.

E. On October 16, 2019, the Plaintiff deposited KRW 5,660,00,000 as compensation for the instant portion of the third floor of the instant real estate as depositee, and KRW 26,911,00,00 as compensation for the instant portion of the second floor of the instant real estate in the instant expropriation ruling, on October 15, 2019, Defendant C as depositee, respectively.

【Facts without dispute over the ground for recognition, entries in Gap’s evidence 1 through 9 (including branch numbers for those with additional numbers), and the purport of the whole pleadings

2. Defendants’ duty to deliver the building

A. According to the main sentence and proviso of Article 81(1)2 of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents, the former land or buildings are located.

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