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(영문) 부산지방법원 2017.01.19 2016가단34393
건물인도
Text

1. The plaintiff, the defendant B delivers the building indicated in the attached Form, and the defendant C is from the first floor of the building indicated in the attached Form.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with the Busan Seo-gu D branch as a project implementation district.

B. On March 18, 2015, the Plaintiff obtained authorization from the head of Busan Seo-gu on the management and disposal plan concerning the instant improvement project pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the head of the Busan Seo-gu announced the said authorization pursuant to Article 49(3) of the Urban Improvement Act on March 25, 2015.

After that, the Plaintiff obtained an amendment to the management and disposition plan on February 26, 2016, and on March 2, 2016, the head of the Busan Seo-gu announced the amendment.

C. Defendant B is the owner of the attached building located within the said project implementation district (hereinafter “instant building”), who became a cash liquidation as he did not apply for parcelling-out to the Plaintiff within the period of application for parcelling-out, and Defendant C occupies each of the instant buildings as of the date of closing argument with the lessee of the first floor among the instant buildings from Defendant B.

On June 20, 2016, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant building and site as KRW 161,238,000 on the date of expropriation on August 12, 2016. On July 28, 2016, the Plaintiff deposited KRW 161,238,000 as the principal deposit in Busan District Court Decision No. 6353, 200 on the ground that Defendant B refuses to receive the compensation prescribed in the instant adjudication on expropriation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

(a) When an approval of the management and disposal plan provided for in Article 49(3) of the Act on the Determination of the Facts of cause of claim is publicly notified, the use and profit-making by right holders, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure shall be suspended pursuant to the main sentence of paragraph (6) of the

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