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(영문) 부산지방법원동부지원 2016.03.31 2015가단213065

건물인도 등

Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in the Appendix No. 1;

B. Defendant C shall provide the real estate listed in the separate sheet 2.

Reasons

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 15 (including branch numbers) as to the cause of the claim, the plaintiff was authorized by the management and disposal plan under Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Urban Improvement Act"), which was made by the head of the Si/Gu in Busan on Oct. 29, 2014. The above authorized management and disposal plan was announced on Nov. 5, 2014. The defendants are owners and owners of each building listed in the separate sheet located within the redevelopment project zone (hereinafter "each building of this case"). The plaintiff applied for expropriation of the defendants and the local Land Expropriation Committee of Busan on Sep. 14, 2015, which did not reach an agreement on compensation for each building of this case, and the plaintiff applied for expropriation of the above building of this case to the defendant as compensation money for losses of this case, the plaintiff can be recognized as 300,000 won, 3019, 2016.

According to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas, when the approval of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, cannot use or profit from the previous land or structure, and the project implementer can use or profit from it. According to the above facts of recognition, the plaintiff completed the compensation for losses due to the expropriation ruling after the approval and public notice of the management and disposal plan, so the defendants have the duty

2. Determination as to the Defendants’ assertion