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(영문) 부산지방법원 서부지원 2018.06.22 2017가단10129
건물인도
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C shall enter the attached list.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership established on September 14, 2006 with authorization from the head of the Busan Metropolitan Government on September 14, 2006 for the implementation of the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) covering the area of 43,915 square meters in Busan Seo-gu, Busan Metropolitan City (hereinafter “instant rearrangement project”). Defendant B is a person subject to cash settlement who owns real estate in the attached list (hereinafter “instant building”) and its site within the instant rearrangement project zone, and Defendant C is a tenant who leased and used the second floor of the instant building from Defendant B.

B. On March 20, 2016, the Plaintiff: (a) held a general meeting on March 20, 2016, resolved a draft management and disposal plan; and (b) applied for the approval; and (c) on May 19, 2016, the authorization was publicly notified by the head of the

C. On November 20, 2017, the Plaintiff filed an application for adjudication of expropriation with Defendant B to the Busan Metropolitan City Regional Land Expropriation Committee, and the said Committee rendered a ruling on November 20, 2017, stating that “The instant building and its site shall be expropriated, but the compensation for losses shall be KRW 49,131,150, and the site shall be KRW 110,568,850, and the date of commencement of expropriation shall be January 5, 2018.”

On December 29, 2017, the Plaintiff deposited KRW 159,700,000, which was the full amount of the compensation for losses, with Defendant B’s branch court of Busan District Court (Seoul District Court Decision 2302 Decided 2017).

【Defendant B: A without dispute, entry of Gap 1 through 6, the purport of the whole pleadings, and defendant C: Service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the grounds of a claim is authorized for a management and disposal plan and its announcement is made, the right holder such as the owner of the previous land or structure shall be the previous land or structure until the public announcement is made under Article 54 of the Urban Improvement Act

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