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(영문) 부산지방법원 서부지원 2018.05.01 2017가단10457

건물인도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 6, and Gap evidence No. 9:

In order to implement a housing redevelopment project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on September 14, 2006, the Plaintiff obtained approval from the head of the Busan Metropolitan City Office on September 14, 2006 for the housing redevelopment project on January 23, 2009 for the housing redevelopment project, and obtained approval for the implementation plan on June 20, 2014 for the housing redevelopment project (Public Notice D of the idea-gu Busan Metropolitan City on February 4, 2009), and obtained the approval for the implementation plan on June 20, 2014 (Public Notice E of the idea-gu Busan Metropolitan City on June 25, 2014), and obtained the approval for the implementation plan on May 19, 2016.

May 25, 2016. (b) The Busan Metropolitan City Public Notice of the Organization (F).

On November 20, 2017, the defendant was the owner of the building indicated in the attached list and became a cash liquidation agent due to the plaintiff's failure to apply for parcelling-out within the period of application for parcelling-out implemented by the association. On November 20, 2017, the Busan Regional Land Tribunal made a decision to expropriate the land, etc. as of January 5, 2018, by paying a certain amount of compensation to cash liquidations, including the defendant.

C. On December 28, 2017, the Plaintiff deposited KRW 38,672,115 of the cash settlement money pursuant to the above acceptance ruling with the Busan District Court’s Seobu Branch’s deposit with the Busan District Court’s Seobu branch, and completed the registration of ownership transfer on the listed building on January 12, 2018.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver to the plaintiff the real estate stated in the attached list.

3. The defendant's defenses, etc. asserted that the cash settlement has not been completed, since the defendant did not pay settlement funds, housing relocation expenses, and directors' expenses.

However, it is determined separately from cash settlement money such as moving expenses or moving expenses claimed by the defendant.