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(영문) 부산지방법원서부지원 2017.12.01 2017가단103960

건물명도(인도)

Text

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

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

3...

Reasons

1. Indication of claim;

A. The Plaintiff was a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project for Seo-gu C members in Busan, and was subject to the authorization for the implementation of the project on August 17, 2015 and the approval for the management and disposal plan on March 2, 2016.

B. The defendant is a family.

A cash liquidator has become the owner of the real estate listed in the attached list of the redevelopment project zone as stated in the paragraph, because he/she did not apply for parcelling-out within the period of application.

C. The Plaintiff filed an application for adjudication of expropriation with the local 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 of commencement of expropriation) after the adjudication of expropriation of the said Committee was finalized (the date of commencement of expropriation), and June 1, 2017, deposited KRW 241,749,550 of the compensation for adjudication of expropriation to the Defendant on June 14, 2017, and completed the registration of ownership transfer due to expropriation on June 2, 2017.

Since the Plaintiff received a public notice of approval of a management and disposal plan under Article 49(6) of the Urban Improvement Act and deposited compensation for expropriation and completed the registration of transfer of ownership, the Defendant is obligated to deliver to the Plaintiff the real estate indicated in the attached list.

2. Judgment on deemed confession (Articles 208 (2) 2 and 150 (3) of the Civil Procedure Act);