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(영문) 부산지방법원 2020.07.16 2020가단305061
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 is a Housing Redevelopment and Improvement Project Association approved by the head of Busan Metropolitan City Mayor to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the area of 126,834 m2,00,000,000 Busan Jin-gu, Busan Metropolitan City.

B. The Defendant occupies buildings listed in the attached Table (hereinafter “instant building”) while operating the building in the name of E in the instant project zone.

C. On August 21, 2018, the head of Busan District Government authorized the Plaintiff’s management and disposition plan, and announced it on August 29, 2018.

On April 10, 2020, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant real estate on June 15, 2020. The Plaintiff deposited KRW 29,554,500 on May 14, 2020 with the Defendant as the depositee and deposited KRW 29,554,500.

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

2. The main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “the owner, superficies, person having a right to lease, leaser, etc. of the previous land or building shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act, when the public announcement of the approval plan is made under Article 78(4) of

As seen earlier, the head of Busan Special Metropolitan City, the head of Busan Special Metropolitan City, issued a notice of the approval of the management and disposal plan on August 29, 2018. Therefore, the defendant is obligated to deliver the instant real estate to the Plaintiff, who is the project implementer, except in extenuating circumstances.

3. Determination as to the defendant's assertion

A. The defendant 1 had been residing in the building of this case and in the remaining floors, and in the Urban Improvement Act.

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