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(영문) 부산지방법원 2019.08.29 2018가단337447

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B delivers the real estate listed in the separate sheet No. 2;

B. Defendant C shall be listed in the Appendix 3 list.

Reasons

1. Basic facts

A. On March 29, 2012, the Plaintiff was authorized by the head of Busan Dong on July 5, 2018 to a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project with a housing redevelopment and rearrangement project with a scale of 224,440 square meters, including real estate listed in the [Attachment 2 and 3] list as of March 29, 2012, and the head of Busan Dong has announced the approval of the above management and disposal plan on July 11, 2018.

B. As the owner of the real estate listed in the separate sheet 2 and 3, Defendant B became eligible for cash settlement due to the Plaintiff’s failure to apply for parcelling-out within the period of application for parcelling-out set by the Plaintiff, and Defendant C is the lessee who leased the real estate listed in the

C. On April 22, 2019, the Busan Metropolitan City Regional Land Expropriation Committee: (a) determined compensation for Defendant B’s losses for the redevelopment project on the Plaintiff’s housing redevelopment project (land 1,029,807,60 won and 111,64,840 won); (b) 46,589,600 won and compensation for Defendant C (25,650,000 operating income and 20,939,600 won), and (c) decided to accept the date of expropriation as of June 17, 2019.

On June 10, 2019, the Plaintiff refused to receive the above compensation for losses, and deposited KRW 1,141,452,440 as the Busan District Court 2019Hun-Ba4591, and KRW 46,589,60 as the deposited money on June 3, 2019 by Defendant C as the deposited money. < Amended by Presidential Decree No. 26460, Jun. 3, 2019>

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 7 (including paper numbers), and the purport of the whole pleadings

2. Article 81 (1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not be permitted to use or profit from the previous land or buildings until the date of public announcement of approval of a management and disposal plan under Article 78 (4) of the same Act when the owners, persons with superficies, persons having leaseholds, etc. of the previous land or buildings make a public announcement of approval of the management and disposal plan under Article 78 (4)