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(영문) 부산지방법원 서부지원 2018.06.01 2017가단10358

건물인도

Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C shall enter the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership established on September 14, 2006 by obtaining authorization from the head of the Busan Metropolitan Government, for the implementation of the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 43,915 square meters in Busan Seo-gu E, Busan. Defendant B is a person subject to cash liquidation who owns real estate in the attached list (hereinafter “instant building”) and its site within the instant rearrangement project zone, and Defendant C is a lessee who leases and uses the first floor of the instant building from the Defendant, and Defendant D is a lessee who leases and uses the second floor.

B. On March 20, 2016, the Plaintiff: (a) held a general meeting on March 20, 2016, resolved a draft management and disposal plan; and (b) applied for the approval; and (c) on May 19, 2016, the authorization was publicly notified by the head of the

C. On November 20, 2017, the Plaintiff filed an application for adjudication of expropriation with Defendant B to the Busan Metropolitan City Regional Land Expropriation Committee, and the said Committee rendered a ruling on November 20, 2017, stating that “The instant building and its site shall be expropriated, but the compensation for losses shall be KRW 836,683,800, and the date of commencement of expropriation shall be January 5, 2018.”

On December 28, 2017, the Plaintiff deposited the entire amount of the compensation for losses with the Busan District Court Seo Branch Branch of the Busan District Court (Seoul District Court Decision 2293 Decided 2017).

E. The Defendants directly or indirectly occupy the instant building until now.

【Defendant B: A without any dispute, entry in Gap 1 through 9 (including a provisional number), the purport of the whole pleadings, and the purport of the whole pleadings: Defendant D: Judgment of confession (Article 208(3)2 of the Civil Procedure Act) by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents as to the cause of the claim