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(영문) 부산지방법원 2018.12.13 2018가단302410

부동산인도 등

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the attached real estate list.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment association established to implement a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Busan-gu, Busan-do, which is established in order to implement a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the said fact was approved by the head of the Busan-gu Busan Metropolitan City Gu, and

B. The defendant is the owner of each real estate indicated in the separate sheet located within the above housing redevelopment project site (hereinafter referred to as the "real estate of this case"), and did not apply for parcelling-out to the plaintiff within the period of application for parcelling-out.

C. On December 18, 2017, the Plaintiff was adjudicated to expropriate the instant real estate by the local Land Tribunal of Busan Metropolitan City (the date of commencement of expropriation: February 12, 2018), and deposited KRW 292,982,55,00 (land) and KRW 24,575,00 (building and obstacles) as a result of the above adjudication in the future of the Defendant, respectively. < Amended by Act No. 15508, Feb. 7, 2018; Act No. 15308, Feb. 12, 2018>

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-5, 7, 8, 11, and 12, the purport of the whole pleadings

2. When the determination of the cause of the claim and the public notice of approval of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the use and profit-making by the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer may use and profit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 27, 2010). Thus,

3. Judgment on the defendant's assertion

A. The defendant asserts that the disposition to authorize the establishment of an association against the plaintiff and the resolution to select the plaintiff's corporation are null and void, and accordingly the management and disposal plan is also null and void, so the plaintiff cannot seek to deliver the real estate of this case, but there is no evidence to acknowledge the

B. The defendant shall promptly deposit the amount of compensation to the defendant without paying it.