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(영문) 부산지방법원서부지원 2019.05.21 2018가단114813
건물명도(인도)
Text

1. The Plaintiff:

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

B. Defendant C is a building listed in the attached list.

Reasons

1. Facts of recognition;

A. On April 25, 2005, the Plaintiff is a housing redevelopment and rearrangement project partnership established with approval from the head of the Busan Metropolitan Government on April 25, 2005 for the implementation of the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) whose area is the area of 72,313.6 square meters in Busan Seo-gu E, Busan. Defendant B owned and possessed buildings listed in the separate sheet (hereinafter “instant building”) within the instant rearrangement project zone, and completed the application for parcelling-out within the unit parcelling-out period implemented by the Plaintiff, and Defendant C and D leased and possessed each part of the instant building from Defendant B.

(C) each possession portion is as described in Section 1-b, (c), and (b) of this Article.

On September 24, 2017, the Plaintiff: (a) held a general meeting on September 24, 2017, resolved a draft management and disposition plan; and (b) filed an application for the approval plan; and (c) on November 14, 2017, the said approval was publicly notified on November 22, 2017 by the head of the

C. On October 22, 2018 pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Busan Metropolitan City Regional Land Expropriation Committee made a ruling to expropriate the instant building, etc. (hereinafter “instant adjudication on expropriation”). Accordingly, on December 11, 2018, the Plaintiff deposited KRW 61,04,600 (No. 1879 of this Court), and Defendant D, who operates G points, deposited KRW 82,074,60 as business losses compensation prescribed by the instant adjudication on expropriation by designating Defendant C, who operates a F cafeteria from the instant building, as the principal deposit.

[Based on recognition] between the plaintiff and the defendant B: A without dispute, each entry of Gap evidence 1 through 6 (including branch numbers), the purport of the whole pleadings, and between the plaintiff, defendant C and D: constructive confession

2. The assertion and judgment

A. The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

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