beta
(영문) 부산지방법원 서부지원 2018.08.10 2017가단10143

건물인도

Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership established on September 14, 2006 by obtaining authorization from the head of the Busan Metropolitan City Office for the implementation of the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the area of 43,915 square meters in Busan Seo-gu D (hereinafter “instant rearrangement project”). The Defendants are those who share real estate in the attached list (hereinafter “instant building”) and its site within the instant rearrangement project zone and are subject to cash settlement.

B. On March 20, 2016, the Plaintiff: (a) held a general meeting on March 20, 2016, resolved a draft management and disposal plan; and (b) applied for the approval; and (c) on May 19, 2016, the authorization was publicly notified by the head of the

C. On November 20, 2017, the Plaintiff filed an application for adjudication of expropriation with the competent local Land Expropriation Committee (hereinafter “instant building and its site”), with the Defendants, and the said Committee rendered a ruling on November 20, 2017, stating that “The instant building and its site shall be expropriated, but the compensation for losses shall be KRW 108,903,820, Defendant C84,917,150, and the date of commencement of expropriation shall be January 5, 2018.”

On December 29, 2017, the Plaintiff deposited the full amount of the compensation for losses as Defendant B’s Branch of Busan District Court Decision 2284 in 2017, and ② Defendant C with the deposited person as Defendant C in 2017, respectively. < Amended by Presidential Decree No. 23337, Dec. 29, 2017>

E. The Defendants currently occupy the instant building.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 9 (including virtual numbers) and the purport of the whole pleading

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”) regarding the cause of the claim where the management and disposal plan is authorized and the announcement is made, the right holder such as the owner of the previous land or structure shall use the previous land or structure until the date of the public announcement of relocation under Article 54 of the Urban Improvement Act.