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(영문) 부산지방법원 서부지원 2018.06.01 2017가단10310

건물인도

Text

1. The Plaintiff:

(a) Defendant C, E, and F deliver buildings listed in the separate sheet;

B. Defendant D shall be recorded in 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 City Council on September 14, 2006 for the implementation of the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) whose area covers 43,915,2 square meters in Busan Seo-gu G G (hereinafter “instant rearrangement project”), and the network B (hereinafter “the network”) is a person who owns real estate in the attached list (hereinafter “instant building”) and its site in the instant rearrangement project zone and is subject to cash settlement, and Defendant D leased and used the part of the first floor of the instant building from the deceased.

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 applied for adjudication of expropriation 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 760,290,775, and the date of commencement of expropriation shall be January 5, 2018.”

On January 2, 2018, the Plaintiff deposited the full amount of the compensation for losses with the head of the Busan District Court Branch Branch Branch of Seobu in 2018.

E. On January 31, 2018, while the instant lawsuit was pending, Defendant C and F inherited the deceased’s property, his spouse, Defendant C and F.

【Defendant C, E, and F: Fact that there is no dispute, each entry of Gap 1 through 9 (including virtual numbers) and the purport of the whole pleadings, Defendant D: Judgment of deemed confession (Article 208(3)2 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 regarding the cause of the claim is authorized and announced publicly