beta
(영문) 창원지방법원마산지원 2019.06.12 2018가단2168

건물인도

Text

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...

Reasons

1. Determination on the cause of the claim

(a) The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 5:

1) The Plaintiff is an improvement zone with a size of 35,133 4 m2,00,000,000,000,000,000

2) The redevelopment project under this case’s redevelopment project

To enforce the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 11, 2008

(2) On September 8, 2017, the original city approved the Plaintiff’s project implementation plan modification, and on October 16, 2017, the Plaintiff’s management and disposal plan modification was publicly announced.

3) Buildings listed in the separate sheet (hereinafter “instant building”)

(4) The Defendant is located within the rearrangement zone in the instant case. (4) Although the registration of initial ownership was completed on March 25, 201 by the Changwon District Court, 15948, which received on March 25, 2011, the Defendant became an object of cash liquidation because it did not apply for parcelling-out within the period for application for parcelling-out set by the Plaintiff

5) The Gyeongnam-do Land Tribunal Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”).

Pursuant to the ruling on February 25, 2019, the purport of accepting the instant building owned by the Defendant (hereinafter “instant ruling”) is to be decided on April 18, 2019 (the date of commencement of expropriation).

(6) On April 18, 2019, the Plaintiff deposited the amount of compensation for expropriation determined by the instant adjudication with the Defendant as a depositee.

7) The defendant currently occupies the building of this case. (B) According to Articles 40(1), 40(2), and 45(1) of the Land Compensation Act, if a project operator pays or deposits the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation as determined by the adjudication, he/she shall acquire the ownership of the land or goods on the commencement date of expropriation.

2.