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(영문) 부산지방법원 2019.08.13 2018가단335595

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the Appendix 3 list;

B. Defendant C shall provide the real estate listed in the Appendix 4 list.

Reasons

1. Facts of recognition;

A. Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) (wholly amended by Act No. 14567, Feb. 8, 2017; and Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which entered into force on February 9, 2018, provides that “any decision, disposition, procedure, and other acts under the previous Act at the time this Act enters into force, shall be deemed to have been performed pursuant to the provisions of this Act; hereinafter the same shall apply)” shall apply to implement housing redevelopment improvement project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the instant project”).

B. The Defendants are the lessees who leased each of the instant real estate from Nonparty H and I, the owner of each of the instant real estate listed in the separate sheet in the said project zone (hereinafter “each of the instant real estate”).

On the other hand, Nonparty H and I, the owner of each real estate of this case, became eligible for cash settlement because they failed to apply for parcelling-out within the period of application for parcelling-out.

C. On July 5, 2018, the Plaintiff received the approval of the management and disposal plan from the head of the Dong, and the head of Dong/Dong publicly notified the approval of the management and disposal plan on July 11, 2018.

The plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee, which did not hold a consultation on compensation with the person subject to cash settlement, and on April 22, 2019, the above committee decided to accept each real estate of this case as of June 17, 2019 from the date of expropriation.

E. On June 3, 2019, with respect to Nonparty I, the Plaintiff deposited each of the compensation for losses under the above confinement ruling against Nonparty H on June 10, 2019.

[Ground of recognition] Facts without dispute, entry of evidence A1 to 8, purport of the whole pleadings

2. Determination

(a) The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Claims.