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(영문) 광주지방법원 2018.11.22 2018가단503052
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is a building indicated in attached Form 1’s Schedule No. 1 among the buildings listed in attached Form 1’s Schedule.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Housing Redevelopment and Improvement Project Association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), which designates the Incheon Northernbuk-gu E-gu as a project implementation district. The Plaintiff is a Housing Redevelopment and Improvement Project Association which has obtained approval for establishment from

B. The Plaintiff received project implementation authorization from the head of Gwangju Metropolitan City North Korea on September 12, 2016, and received a decision on March 20, 2018, and publicly notified the management and disposal plan on March 24, 2018.

C. At present, Defendant B, as a lessee, occupies the entire building indicated in Attached Form 2(1) among the buildings listed in Attached Form 1(1), Defendant C, as the second floor of the building indicated in Attached Form 2(2), among the buildings listed in Attached Form 1(2), and Defendant D, among the buildings listed in Attached Form 2(2) of the real estate list in Attached Form 1(2), respectively.

[Based on recognition] B between the plaintiff and the defendant: constructive confession, the plaintiff and the defendant C and D: The absence of dispute, each entry in Gap evidence 1 through 5 (including paper numbers), and the purport of the whole pleadings

2. Determination:

A. According to the above facts, pursuant to the main sentence of Article 81(1) of the Urban Improvement Act, the Defendants, who are the lessees of each of the above building, are obligated to order the Plaintiff, who acquired the right to use and profit from the above building, to order the above building parts.

B. As to this, Defendant C and D asserted that the instant request for the surrender of order filed without holding a compensation consultation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Projects Act”), should be dismissed as it is unlawful. Thus, according to the proviso of Article 81(1)2 of the Urban Improvement Act, even if the management and disposal plan was approved and publicly announced, the right holder whose compensation for losses under the Public Works Projects Act has not been completed can use or benefit from the previous land or buildings as it is.

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