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(영문) 부산지방법원 2019.12.12 2019가단321869
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project partnership with approval granted by the head of Busan Metropolitan Government on January 30, 2007 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the area of 28,597 square meters located in Busan Jin-gu D, Busan Metropolitan City (hereinafter “instant project”).

B. The Defendants are tenants of the real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by E in the instant project zone.

C. On June 28, 2018, the head of Busan District Government authorized the Plaintiff’s management and disposition plan, and announced it on July 4, 2018.

On September 2, 2019, the Busan Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation as October 28, 2019; (b) decided to expropriate the instant real estate, etc.; and (c) on October 25, 2019, the Plaintiff deposited KRW 162,846,800 as compensation for losses due to the said ruling of expropriation with E as a depositee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents) provides that "the owners, persons with superficies, persons having leaseholds, etc. of the previous land or buildings shall not use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act.

Unless there are special circumstances, the Defendants, the lessee of the instant real estate, are obligated to deliver the instant real estate to the Plaintiff, who is the project implementer, as the head of Busan Metropolitan City, on July 4, 2018.

3. Defendant C’s assertion asserts that the Defendants cannot respond to the Plaintiff’s claim before the refund of the lease deposit.

In this case, the Defendants are real estate of this case.

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