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(영문) 부산지방법원서부지원 2017.09.15 2017가단103892

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of [Attachment];

B. Defendant C shall be listed in [Attachment] Section 2.

Reasons

1. Basic facts

A. The Plaintiff is a cooperative established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) in Seo-gu, Busan, including each real estate listed in the attached list (hereinafter “instant real estate”). On March 2, 2016, the Plaintiff obtained authorization from the head of the Busan Metropolitan City Si/Gu on the management and disposal plan for the instant redevelopment project from the head of the Si/Gun/Gu, and around that time the said authorization was publicly announced.

B. Defendant B is the owner of the real estate listed in the separate sheet No. 1, and Defendant C is the owner of the real estate listed in the separate sheet No. 2, and is the subject of cash settlement in the instant redevelopment project, and is currently possessing each of the above real estate.

C. The Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement with the Defendants on compensation. On April 10, 2017, the said Expropriation Committee accepted each of the instant real estate, and the compensation for losses is KRW B532,643,600 (land, buildings, and obstacles), Defendant C384,954,30 (land, buildings, and obstacles), and the date of commencement of expropriation is June 2, 2017.

On June 1, 2017, the Plaintiff: (a) deposited the deposited person as Defendant B with the Busan District Court’s Branch Branch No. 528 in 2017; and (b) deposited the deposited person as Defendant C in full with the same court No. 529 in 2017.

E. After the above repayment deposit, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff based on expropriation.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 through 5, the purport of whole pleadings

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”) on the grounds of a claim is authorized, and where the management and disposal plan is publicly announced, the right holder such as the owner of the previous land or structure shall be the day before the public announcement is made under Article 54 of the Urban Improvement Act.