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(영문) 부산지방법원동부지원 2020.09.01 2019가단220276
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

Facts of recognition

The plaintiff is the Housing Redevelopment Development and Improvement Project Association approved by the head of Busan Metropolitan Government on May 18, 2005 to implement housing redevelopment improvement project (hereinafter "the project of this case") with the area of 100,459 square meters in Nam-gu, Busan Metropolitan City.

The Defendant occupies the instant real estate as the owner of the real estate indicated in the attached list in the instant project zone (hereinafter “instant real estate”).

On February 19, 2004, the head of the Nam-gu Busan Metropolitan Government approved the management and disposal plan of the Plaintiff on November 13, 2017, and announced it on November 15, 2017.

On February 10, 2020, the Plaintiff deposited KRW 177,800,000 as compensation under the above confinement ruling with the Defendant as a depositee on February 27, 2020. On June 8, 2020, the Plaintiff deposited KRW 1,347,167 as the depositee on the ground that the Defendant refused to receive payment.

[Ground of recognition] Fact-finding without dispute, Gap's evidence Nos. 1 through 10 (including a branch number if a branch number exists), and the ground of claim as to the whole purport of the pleadings, the above facts of recognition as to the ground of claim, barring special circumstances, the defendant has a duty to deliver the real estate of this case to the plaintiff who acquired the right to use and benefit

The defendant's assertion that "the plaintiff cannot respond to the plaintiff's claim before receiving the total of KRW 23,827,133,00,000,000 and the total of KRW 12,347,167 and the total of KRW 12,347,167".

According to Article 78(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), which applies mutatis mutandis to the implementation of rearrangement projects pursuant to the main sentence of Article 65(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), a project implementer shall engage in

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