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(영문) 부산지방법원 2019.05.16 2018가단17651

건물명도(인도)

Text

1. Defendant B Co., Ltd. shall deliver to the Plaintiff the real estate listed in the separate sheet.

2. The plaintiff's defendant C.

Reasons

1. Facts of recognition;

A. On March 12, 2012, the Plaintiff is a housing redevelopment and consolidation project association established with the purpose of implementing a housing redevelopment and rearrangement project by making the area of 65,557 square meters located in the Busan Young-gu as a rearrangement zone pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) is the owner of the real estate indicated in the separate sheet located in the above improvement zone (hereinafter “instant real estate”), and applied for the application for parcelling-out to the Plaintiff on July 10, 2017, which is the final period for the application for parcelling-out as notified by the Plaintiff, and the Defendant C is the representative director of Defendant B.

C. On December 4, 2017, the Plaintiff established a management and disposal plan based on the application for parcelling-out by its members, including Defendant B, and received a management and disposal plan from the head of the Busan Yong-do, and the said management and disposal plan was publicly notified on December 13, 2017.

On the other hand, on December 10, 2018, the Busan Metropolitan City Regional Land Expropriation Committee decided to accept the compensation for Defendant B on December 10, 2018 (=20,050,000,000 business losses) (=68,690,000,000,000), and the starting date of expropriation as of February 7, 2019.

E. Upon Defendant B’s refusal to receive the above compensation, on February 1, 2019, the Busan District Court deposited the above Defendant as the depositee and deposited the compensation for losses under the above acceptance ruling.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 11, and 12 (including additional evidence) and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

(a) Article 81(1) of the Act on the Determination of the Grounds for a Claim, when a right holder, such as the owner, superficies, person having a right to lease and lease of the previous land or building, has publicly announced the authorization of a management and disposal plan under Article 78(4) of the same Act, the previous land or building until the date of public announcement of relocation under Article 54 of the same Act