건물명도
1. The defendant shall deliver two floors among the buildings listed in the attached list to the plaintiff.
2. The costs of the lawsuit are assessed against the defendant.
3.
1. Facts of recognition;
A. The Plaintiff is a cooperative established to implement an urban environment improvement project in which the project area of the Dong-gu Busan Metropolitan City is 10,871.8 square meters in the project area (hereinafter “instant rearrangement project”), and is authorized by the head of the Dong-gu Busan Metropolitan City on June 30, 2005 to establish an association, and completed the establishment registration on July 29, 2005.
B. On December 4, 2014, the head of the Dong-gu Busan Metropolitan City approved the management and disposal plan formulated by the Plaintiff concerning the instant improvement project pursuant to Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and publicly notified the details thereof as D public notification of Dong-gu Busan Metropolitan City, Busan Metropolitan City pursuant to Article 49(3) of the Urban Improvement Act on December 10, 2014.
C. The Defendant occupies the instant real estate while engaging in human resources supply business with the trade name “E” on the second floor (hereinafter “E”) among the buildings listed in the attached list located within the instant rearrangement project zone.
On August 24, 2015, the Plaintiff attempted to consult with the Defendant on compensation for losses, but filed an application for expropriation with the Busan Metropolitan City Regional Land Expropriation Committee under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”). On August 24, 2015, the said Committee rendered a ruling of expropriation that the compensation for business losses against the Defendant shall be KRW 3.93 million and the commencement date of expropriation shall be October 17, 2015.
E. On September 17, 2015, the Plaintiff deposited KRW 3,930,00,000 as the Defendant under the Busan District Court Decision No. 7210 on the grounds of the Defendant’s refusal to receive, and deposited the deposited amount as the Defendant.
[Ground of recognition] Facts without dispute, entry in Gap 1 through 7, purport of the whole pleadings
2. Article 49(6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions shall apply to the owners, persons with superficies, persons with right to lease, lease holders, etc. of the previous land or buildings when the management and disposal plan is authorized and announced.