건물명도(인도)
1. The defendant shall deliver to the plaintiff the building indicated in the attached list.
2. The costs of the lawsuit are assessed against the defendant.
3...
1.The following facts of recognition may be admitted either in dispute between the parties or in each entry in Gap evidence 1 to 10 (including a serial number) by reference to the whole purport of the pleadings:
On August 27, 2007, the Plaintiff was authorized by the head of the Busan Metropolitan Government Seo-gu Office to implement a housing redevelopment project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the 32,949 square meters in Seo-gu, Busan Metropolitan City (hereinafter “Urban Improvement Act”), and was authorized to implement a project implementation plan on September 9, 2009 with respect to the said rearrangement project (the notification to Seo-gu Busan Metropolitan City E, Sept. 16, 2009), and was authorized to revise the project implementation plan on August 29, 2012.
B. The Plaintiff established a management and disposal plan and obtained approval from the head of the Seo-gu Busan Metropolitan Government on August 12, 2015 (Notice F of the Seo-gu Busan Metropolitan City on August 19, 2015), and obtained a new approval for the change of a project implementation plan on June 2016.
(Public Notice to Seo-gu Busan Metropolitan City on June 29, 2016).
The Defendant owned the buildings indicated in the attached list in the above improvement zone and became eligible for cash settlement because the Plaintiff failed to apply for parcelling-out within the period of application for parcelling-out implemented by the Plaintiff, and the Plaintiff applied for a ruling of expropriation as the Plaintiff did not reach an agreement on compensation for losses with the Defendant. On July 23, 2018, the H Committee made a ruling of expropriation on expropriation of land, etc. as of September 17, 2018 (hereinafter “instant ruling of expropriation”).
On September 11, 2018, the Plaintiff deposited 222,830,790 won [146,869,950 won for land compensation, 44,431,200 won for obstacles, 31,529,640 won for goodwill compensation (20,939,640 won for operating profit, and 10,590,000 won for facility relocation expenses)] as compensation for losses under the above expropriation ruling against the Defendant with the Busan District Court’s branch depository.
2. According to the above facts of recognition as to the cause of the claim, the defendant shall attach to the plaintiff, except in extenuating circumstances.