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(영문) 부산지방법원 2019.09.19 2018가단338389
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. Determination as to claims against Defendant B and C

A. Basic facts 1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on April 19, 2012.

(2) According to the foregoing, the Defendants are co-owners of real estate indicated in the attached Table (hereinafter “instant real estate”) located in the above improvement zone, which is established for the purpose of implementing a housing redevelopment improvement project by making the 227,440m2 in Busan Dong-gu as an improvement zone.

3) The Defendants did not apply for parcelling-out within the period of application for parcelling-out as notified by the Plaintiff. 4) On July 5, 2018, the Plaintiff received an administrative disposition plan from the head of the Dong-gu Busan Metropolitan City, Busan Metropolitan City, and the head of Dong-dong Busan Metropolitan City, the head of Dong-dong on July 11, 20

5) Meanwhile, on April 22, 2019, the Busan Metropolitan City Regional Land Tribunal: (a) upon the Plaintiff’s application for the adjudication of expropriation, deposited compensation for Defendant B with the Busan District Court No. 2751, Jun. 17, 2019; (b) KRW 2,578,560; and (c) KRW 2,578,560; and (d) the starting date of expropriation as of June 17, 2019; (b) upon the Plaintiff’s refusal to receive each of the above compensation, the Plaintiff deposited the compensation for losses under each of the above adjudication of expropriation with the Busan District Court No. 2751, Jun. 10, 2019; and (c) Defendant C with the Busan District Court No. 2748, Feb. 27, 20

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 4 through 8 (including additional number), the purport of whole pleadings

(b) Article 81 (1) of the Act on the Determination of Grounds for Claims shall not be permitted to use or profit from the previous land or buildings until the date of public announcement of the approval for the management and disposal plan under Article 78 (4) of the same Act, if any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings, has been publicly announced: Provided, That the consent of the project implementer is obtained or the consent is

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