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(영문) 부산지방법원 2017.02.02 2016가단34379
건물인도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff Union is a housing redevelopment and rearrangement project association whose project implementation district covers 43,872 square meters in Seo-gu Busan Metropolitan City, and the Defendant is the owner of the building indicated in the separate sheet in the said project implementation district (hereinafter “instant apartment”).

B. The head of the Seo-gu Busan Metropolitan Government: (a) in relation to the maintenance and improvement project of the Plaintiff Union, the head of the Gu issued a project implementation authorization on January 9, 2013; (b) on September 12, 2014; (c) on March 18, 2015; and (d) on February 26, 2016; and (c) on March 2, 2016, publicly notified the amendment of the management and disposal plan.

【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 2, 3, Eul's No. 4, and 6, the purport of all pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant, the owner of the apartment of this case, was unable to use and benefit from the apartment of this case due to the public notice of the change of the management and disposal plan pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the plaintiff's association acquired the right to use and benefit from the apartment of this case,

B. 1 Defendant’s defense, etc. asserted to the effect that the Plaintiff Union could not comply with the Plaintiff Union’s request for extradition since the Plaintiff Union did not complete the compensation for loss. As such, in full view of the overall purport of the pleadings, the Plaintiff Union filed an application for adjudication on expropriation of the instant apartment on April 21, 2016 with the Regional Land Expropriation Committee of Busan Metropolitan City. On June 20, 2016, the said Committee decided that the Plaintiff Union was to expropriate the instant apartment at KRW 86,40,000 on August 12, 2016, and the Plaintiff Union refused to receive the said compensation, and the Plaintiff Union deposited the said amount of KRW 86,40,000 on July 29, 2016 with the Busan District Court Decision 6408, Jul. 29, 2016, the Plaintiff Union deposited KRW 86,400,000.

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