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(영문) 부산지방법원 2015.03.03 2014가단60022

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. Facts of recognition;

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is an association established to implement a housing redevelopment improvement project for the area of 91,318.2 square meters in Geumcheon-gu, Busan pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On May 26, 2009, the Plaintiff was authorized to establish an association by the head of the Si/Gu in Busan, which was approved by the head of the Si/Gu, on August 1, 2012, and was subject to the authorization of the project implementation on August

B. The Defendant, as the owner of the building indicated in the attached list located in the above improvement zone (hereinafter “instant building”), occupies the instant building.

C. The Plaintiff filed an application for expropriation with the competent local Land Tribunal in Busan Metropolitan City, which did not reach an agreement on the purchase of the instant building between the Defendant and the Defendant, who is a person subject to cash settlement who did not file an application for

On July 14, 2014, on September 11, 2014, the committee rendered a ruling to expropriate the instant building on the date of expropriation as of September 11, 2014.

On September 4, 2014, the Plaintiff deposited the full amount of compensation under the above expropriation ruling.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, after the authorization and announcement of the above management and disposal plan was made, the plaintiff deposited compensation for losses pursuant to the above expropriation ruling and completed compensation for losses pursuant to the proviso of Article 49 (6) of the Urban Improvement Act. Thus, the defendant whose use and profit from the building of this case has been suspended pursuant to the notification of the above management and disposal plan is obligated to deliver the plaintiff who acquired the right

B. The defendant's assertion 1) The defendant asserts that the defendant cannot respond to the plaintiff's claim before the reasonable compensation for losses is completed for the building of this case. 2) Article 49 (6) of the Act on the Maintenance of Urban Areas and Dwelling Conditions for Residents is approved.