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(영문) 부산지방법원동부지원 2016.03.31 2015가단212482

건물인도 등

Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in the Appendix No. 1;

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

Reasons

1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 14 (including a branch number) as to the cause of the claim, the plaintiff was authorized by the management and disposal plan under Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Urban Improvement Act") from the head of the Gu in Busan on October 29, 2014 as an association established for the redevelopment of Eul's house A. The above authorized management and disposal plan was announced on November 5, 2014. The defendants are owners and owners of each building listed in the separate sheet located within the redevelopment project zone (hereinafter "each building of this case"). The plaintiff filed an application for expropriation of the defendants and the local Land Expropriation Committee of Busan on September 14, 2015 for the compensation of each building of this case, and the plaintiff can be recognized as compensation money for the defendants' expropriation of the above building of this case as the plaintiff's compensation money for losses on 2017, 317, 2015.

According to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas, when the approval of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, cannot use or profit from the previous land or structure, and the project implementer can use or profit from it. According to the above facts of recognition, the plaintiff completed the compensation for losses due to the expropriation ruling after the approval and public notice of the management and disposal plan, so the defendants have the duty

2. The Defendants’ assertion regarding the Defendants’ assertion is based on the cost of moving dwelling to the Defendants.