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(영문) 창원지방법원마산지원 2019.06.12 2018가단1813
건물인도
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet No. 1;

B. Defendant C is listed in the Appendix 1 list.

Reasons

1. Claim against the defendant B

A. 1) The following facts do not conflict between the parties, or can be acknowledged by taking into account the overall purport of the pleadings as a whole in the statement in Gap evidence Nos. 1 through 5. A) The plaintiff is a maintenance and improvement project association established with the approval of the establishment of a partnership under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on September 11, 2008 to implement a redevelopment project (hereinafter “the rearrangement project in this case”) wherein the F. 35,133 square meters per day of Changwon-si is a rearrangement zone (hereinafter “the rearrangement project in this case”).

B) On September 8, 2017, the Changwon City Mayor approved the Plaintiff’s change of the project implementation plan and the Plaintiff’s change of the management and disposal plan on October 16, 2017, respectively, and publicly notified. C) Defendant B is located in the instant improvement zone. Defendant B completed the registration of ownership transfer of the instant building under the receipt No. 8597 of the Changwon District Court Msan Branch Branch on February 17, 2000, but became an object of cash settlement due to the Plaintiff’s failure to apply for parcelling-out within the period for application for parcelling-out. E) pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) on February 25, 2019 (hereinafter “the date of commencement of expropriation”).

F) On April 18, 2019, the Plaintiff deposited the expropriation compensation set forth in the instant adjudication with Defendant B as a depositee. Defendant B currently occupies the instant building.

2) According to Articles 40(1), 40(2), and 45(1) of the Land Compensation Act, if a project operator pays or deposits the compensation adjudicated by the competent Land Tribunal by the commencement date of expropriation as determined by the adjudication, it shall be the first day of expropriation.

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