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(영문) 부산지방법원 2017.02.02 2016가단34812
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 Cooperative is a housing redevelopment project partnership whose project implementation district covers 43,872 square meters in Seo-gu, Busan, Seo-gu, and the Defendant is the owner of the building indicated in the separate sheet in the said project implementation district (hereinafter “instant building”).

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 has been no dispute, entry of Gap evidence 1, 2, and 3, and the purport of whole pleading

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 building of this case due to the public notice of the modified 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. Since the plaintiff's association acquired the right to use and benefit from the building of this case, the defendant

B. The defendant's defense was asserted to the effect that the plaintiff union could not comply with the request for extradition of the plaintiff union since the plaintiff union did not complete the compensation for losses to the defendant who is a person subject to cash settlement. In full view of the written evidence Nos. 4, 5, and 6, the plaintiff union filed an application for adjudication on expropriation of the building of this case with the Regional Land Expropriation Committee of Busan Metropolitan City on April 21, 2016. The above committee accepted the building of this case and its land of this case on June 20, 2016, the plaintiff union of this case on August 12, 2016.

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