beta
(영문) 부산지방법원동부지원 2015.07.16 2015가단7246

건물인도

Text

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

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

3...

Reasons

1. Determination as to the cause of claim

A. The following facts are acknowledged according to the purport of Gap evidence Nos. 1 and 4 and the whole pleadings.

1) The plaintiff is called the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act").

(2) On November 16, 2005, an association implementing a housing redevelopment improvement project, which was approved by the head of Nam-gu Busan Metropolitan City, the head of the Nam-gu Busan Metropolitan Government as the business area with the area of 165,070 square meters, and the non-party D is the owner of the building indicated in the annexed sheet located in the above business area. The defendant is the lessee who has leased the building listed in the annexed sheet from D. (2) The plaintiff was authorized by the head of the Nam-gu Busan Metropolitan City on August 16, 2007 by the project implementation plan, and the above project implementation authorization was publicly notified on August 22, 2007.

Since then, on May 10, 201, the plaintiff obtained approval of the management and disposal plan from the head of the Nam-gu Busan Metropolitan Government on May 10, 2010.

3) On November 26, 201, the Plaintiff decided to revise the project implementation plan by holding an extraordinary general meeting on November 26, 201, and the remaining head of the Busan Metropolitan City issued an authorization for the change of the project implementation on October 19, 2012, and announced it on October 24, 2012. 4) The Plaintiff received an application for parcelling-out from October 25, 201 to November 23, 2012, and decided to revise the management and disposition plan as amended on January 26, 2013, and the remaining head of the Busan Metropolitan City issued a public notice on April 10, 2013.

5) D is a person subject to cash settlement who did not apply for an application for parcelling-out, and the Plaintiff applied for a ruling of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee in order to not reach an agreement with D on compensation for the buildings indicated in the attached Form. On October 13, 2014, the said Committee rendered a ruling of expropriation on October 13, 2014 by making compensation for losses as the date of commencement of expropriation as the date of December 8, 2014. 6) The Plaintiff deposited the full amount of the said ruling of expropriation on October 30, 2014 by making D as the depositee.

B. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, approval of the management and disposal plan is granted.