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(영문) 부산지방법원 2017.02.09 2016가단34508
건물인도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

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

3...

Reasons

1. Basic facts

A. Upon receipt of an authorization to implement a housing redevelopment project on December 28, 2012 (public notice on January 9, 2013), the Plaintiff is a housing redevelopment project partnership that implements a housing redevelopment project in the area of 43,872 square meters in Seo-gu, Seo-gu, Busan Metropolitan City, the head of the Busan Metropolitan City administrative disposition plan was issued on March 18, 2015 by the head of the Gu, and the head of the Seo-gu Busan Metropolitan City publicly notified the management disposition plan on March 25, 2015.

B. The Defendants are the owners of buildings listed in the attached list included in the improvement zone of the above project, who have not filed an application for parcelling-out.

C. On June 20, 2016, the Busan Metropolitan City Regional Land Expropriation Committee: (a) decided on June 20, 2012,895,320 won each of the compensation for the above building, and rendered a ruling of expropriation on August 12, 2016; and (b) on July 29, 2006, the Plaintiff deposited the full amount of the compensation to the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of the management and disposal plan is publicly announced, the owners, superficies, persons having rights to the previous land or buildings, persons having rights to lease, lease, lease, etc. shall not use or benefit from the previous land or buildings until the date of the public announcement of transfer under Article 54.” Thus, when the approval of the management and disposal plan is publicly announced, the use or benefit of the owners, etc. of the previous land or buildings shall be suspended, and the project implementer shall allow the use or benefit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants who lost the right to use or benefit from the above management and disposal plan shall deliver the building recorded in the attached

The defendants asserts that the compensation for loss has not been completed.

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