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(영문) 광주지방법원 2019.03.28 2018가합53875
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in paragraph 1 of the attached list;

B. The defendant C is in accordance with the attached list No. 2.

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 (hereinafter “instant project”) using the 44,056 square meters of Gwangju Dong-gu I as a project implementation district, and as a housing redevelopment and rearrangement project association established to implement the said project, on September 4, 2015, the Plaintiff obtained approval from the head of Gwangju Dong-gu from the head of Gwangju Dong-gu on the establishment of redevelopment partnership on the said project, on January 11, 2017, on the management and disposal plan on March 26, 2018, and the head of Gwangju Dong-gu announced the management and disposal plan

B. The Defendants did not apply for parcelling-out to the Plaintiff to those who were owners of each of the pertinent real estate listed in the separate sheet in the project execution zone of this case (hereinafter referred to as “each of the instant real estate”), among each of the real estate listed in the separate sheet in the order.

C. On October 31, 2018, the Gwangju Metropolitan City Land Expropriation Committee rendered a ruling of expropriation (hereinafter “instant adjudication of expropriation”) by setting the starting date of expropriation on December 15, 2018, and the amount of compensation for expropriation by Defendant as follows:

(E) The sum total of business compensation amount for obstacles to the amount of the land compensation amount deposited shall be 96,30,500 61,929,350 158,259,850 C 932,57,600 146,341,340,340,100,115,118,018,940 D 559,172,005 61,399,250,250,620,571,255 E 479,290,285 639,250,2505 639,250,640,689,535, 535, 159, 850 C, 932,57,6848,636,46,90,204,209

D. The Plaintiff deposited the full amount of compensation for expropriation by the Defendant under the above expropriation ruling within the period stipulated by law, and the Defendants currently occupy each of the instant real estate.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 8, Gap evidence 24 through Gap evidence 39, purport of whole pleadings]

2. The assertion and judgment

A. Judgment on the cause of the claim 1) Relevant legal principles and the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

When the approval of a management and disposal plan prescribed in Article 78 (4) is publicly notified, the former land shall be subject to the main sentence of Article 81 (1).

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