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(영문) 부산지방법원 서부지원 2018.01.12 2017가단106440

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. The Plaintiff was a cooperative established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) at the Busan Northern-gu Gwon, including real estate listed in the attached list (hereinafter “instant real estate”). On September 12, 2016, the Plaintiff obtained authorization of the management and disposal plan for the instant redevelopment project from the head of the Busan Metropolitan City North-gu, Busan Metropolitan City (hereinafter “instant redevelopment project”), and the said authorization was publicly notified on September 21, 201.

B. The defendant is the owner of the real estate listed in the attached list, who is subject to cash settlement in the redevelopment project of this case, and currently occupies the above real estate.

C. On August 21, 2017, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Expropriation Committee (hereinafter “instant real estate”) with the Defendant, who did not reach an agreement on compensation with the Defendant, and on August 21, 2017, the said expropriation Committee ruled that “The instant real estate shall be expropriated, but the compensation for losses shall be KRW 225,81,450 (land and obstacles), and the date of commencement of expropriation shall be October 16, 2017.”

On September 29, 2017, the Plaintiff deposited the full amount of the compensation for losses with the Busan District Court’s Branch Branch Branch No. 1448 in 2017.

E. On October 18, 2017, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff for land expropriation on the instant real estate after the deposit for payment.

【Ground of recognition】 The fact that there has been no dispute, Gap 1-4 evidence, Gap 6 evidence, the purport of the whole pleadings and arguments

2. Determination

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), where a management and disposal plan is authorized and the notice thereof is made, the right holder such as the owner of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public notice of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). Provided, That compensation for losses under the Act on the Acquisition of Land