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(영문) 부산지방법원 2019.03.07 2018가단6248
건물명도(인도)
Text

1. The Plaintiff:

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

B. Defendant C Co., Ltd.

(b).

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is a business area (hereinafter “instant business area”) with the size of 34,486 square meters located in Busan Jin-gu, Busan (hereinafter “instant business area”).

(2) On March 31, 2017, the head of Busan District Government approved the Plaintiff’s management and disposal plan (hereinafter “the instant management and disposal plan”), and publicly notified on April 5, 2017.

3) Defendant B is a building indicated in the attached list in the instant project zone (hereinafter “instant building”).

Defendant C (hereinafter “Defendant C”) is the owner of the

3) As to the 3th floor of the instant building from Defendant B (hereinafter “instant occupied section”).

4) On March 26, 2018, the Busan Metropolitan City Regional Land Tribunal decided on May 18, 2018 the date of commencement of expropriation and rendered a ruling of expropriation against Defendant B (hereinafter “instant ruling of expropriation”).

5) On May 17, 2018, the Plaintiff deposited KRW 2,855,218,450 (i.e., the instant building, etc. of KRW 794,034,50,00, such as the relevant land), etc. of KRW 2,061,183,950, the Plaintiff deposited the full amount of compensation for losses arising from the instant adjudication on expropriation. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1, and evidence 3 through 5, and the purport of the entire pleadings, as a whole.

B. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) provides that “When a management and disposal plan is authorized and announced, any right holder, such as the owner or lessee of the previous land or structure, shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54.” Thus, barring any special circumstance, where the public announcement of the approval of the management and disposal plan as prescribed by the former Act is made, the object shall be the object

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