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(영문) 부산지방법원 2017.11.16 2017가단308886
건물명도(인도)
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment project (hereinafter “instant redevelopment project”) on a scale of 232,885 square meters in a large area, including real estate listed in the attached Table list (hereinafter “instant real estate”). On July 20, 2015, the Plaintiff obtained authorization of the management and disposal plan concerning the instant redevelopment project from the head of the Dong-gu Busan Metropolitan City (hereinafter “instant redevelopment project”), and the said authorization was publicly announced on July 29, 2015.

B. The Defendant is the owner of the instant real estate and is subject to cash liquidation who did not apply for the application for parcelling-out relating to the instant redevelopment project.

C. The Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee on February 20, 2017, on which the date of commencement of expropriation was May 4, 2017 (hereinafter “instant adjudication”). D.

On March 24, 2017, the Plaintiff deposited KRW 284,976,50 as compensation for the instant real estate in Busan District Court No. 1949 with the Defendant as the principal deposit in accordance with the instant judgment on March 24, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”), when the approval of a management and disposal plan is publicly announced, a person holding a right, such as the owner of the previous land or building, shall not use or benefit from the plan, except where a project operator’s consent or a compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) has not been completed.

In addition, according to the main sentence of Article 40 (1) of the Act on the Improvement of Urban Areas and Dwelling Conditions, the land or buildings for the implementation of housing redevelopment improvement project and other rights are expropriated or used.

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