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(영문) 부산지방법원 2019.04.16 2018가단329309
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

1. Facts of recognition;

A. The Plaintiff was authorized by the head of Dong-gu Busan Metropolitan City on January 24, 2008 as an urban environment rearrangement project association established for the purpose of implementing an urban environment rearrangement project (hereinafter “instant project”) by using the area of project of 44,432 square meters in Seoul, Dong-gu, Busan as the project district.

B. After the establishment of a cooperative, the Plaintiff was authorized to implement an urban environment improvement project on July 12, 2017 by the head of the Dong-gu Busan Metropolitan City, the head of the Dong-gu Busan Metropolitan City (hereinafter “Seoul Metropolitan City Government Act”) pursuant to Article 74 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”), and the head of the Dong-gu Busan Metropolitan City publicly notified the management and disposal plan as to February 21, 2018 pursuant to Article 78(4)

C. The Defendant is the possessor of the real estate indicated in the attached list in the instant project zone (hereinafter “instant real estate”).

On December 10, 2018, the Busan Metropolitan City Regional Land Expropriation Committee decided on the commencement date of expropriation as of February 7, 2019 and decided on the expropriation of the instant real estate, etc., and on January 24, 2019, the Plaintiff deposited KRW 66,818,310 as the depositee, thereby making full deposit of the compensation for losses arising from the said adjudication on expropriation.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including virtual numbers), and the purport of the whole pleadings

2. We examine the determination on the cause of a claim. According to Article 81(1) of the Do administration Act, when a management and disposal plan under Article 78(4) of the Do administration Act has been authorized and publicly announced, a right holder, such as the owner, superficies, leaser, etc. of the previous land or buildings, cannot use or profit from the previous land or buildings until the date of the public announcement of relocation under Article 54 of the Do administration Act, and the project implementer may use or benefit from the former land or buildings (see, e.g., Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014). Accordingly, according to the above facts recognized, the Defendant is authorized and publicly notified.

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