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(영문) 부산지방법원서부지원 2017.11.03 2017가단104017

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in the separate sheet No. 1;

B. Defendant C shall provide the real estate listed in the separate sheet 2.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff shall be the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project for Seo-gu E members in Busan

(2) The Defendant B received the authorization for the change of the project implementation on August 17, 2015, and the authorization for the management and disposal plan on March 2, 2016.

The real estate listed in the attached list 1 in the redevelopment project zone specified in the paragraph, the real estate listed in the attached list 2, the defendant D's each owner of the real estate listed in the attached list 3, and the application for the application for the parcelling-out within the redevelopment project zone, which became a cash liquidator.

3) The Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee of Busan Metropolitan City, which did not reach an agreement on cash clearing with the Defendants, and filed an application for adjudication of expropriation on April 10, 2017 (the date the adjudication of expropriation was finalized (the date June 2, 2017). On June 1, 2017, the Plaintiff deposited the full amount of compensation for expropriation of KRW 26,33,450, and KRW 140,240,80 to Defendant C, and KRW 37,180,050 to Defendant D, and the total amount of compensation for expropriation of KRW 37,180,050 on June 14, 2017.

B. As to the facts found in the above determination, the Plaintiff received the public notice of the approval of the management and disposal plan under Article 49(6) of the Urban Improvement Act, and deposited the compensation for expropriation decision with the Defendants and completed the registration of ownership transfer. Therefore, the Defendants are obligated to deliver each of their own real estate to

2. The defendant's assertion against the defendant C is disputing the purport that he can express the real estate owned by the plaintiff after receiving compensation from the plaintiff after an additional compensation consultation, such as relocation expenses, but the right to claim compensation from the owner, etc. who moved due to the legally implemented public works is the right under public law. Therefore, the lawsuit surrounding the compensation is not a civil lawsuit.