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(영문) 부산지방법원서부지원 2017.12.01 2017가단103847

건물명도(인도)

Text

1. The Plaintiff:

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

B. Defendant C shall set out in attached list 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 consult with the Defendants on the compensation with the Defendants. On April 10, 2017, the said Expropriation Committee accepted each of the instant real estate, and the compensation for losses is KRW B87,619,90 (land, obstacles), Defendant C56,968,80 (land, obstacles), and the date of commencement of expropriation is June 2, 2017.

On June 1, 2017, the Plaintiff deposited the entire amount of each of the above compensation for losses with the Busan District Court Decision No. 522 as the Seobu branch of the Busan District Court in 2017, and with the deposited person C as the Defendant, the Plaintiff deposited the entire amount of each of the compensation for losses with the same court No. 523 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 pleading

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”), where a management and disposal plan is authorized and the public notice thereof is made, the right holder such as the owner of the previous land or structure, etc. shall be the previous land or structure until the public notice of relocation under Article 54 of the Urban Improvement Act is given