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(영문) 부산지방법원동부지원 2015.08.18 2014가단216593
건물명도
Text

1. The defendant shall deliver to the plaintiff each building listed in the separate sheet.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. In full view of the overall purport of the statements and arguments by Gap's evidence Nos. 1 through 8 and 11 through 15 (including each number), the plaintiff was authorized by the management and disposal plan pursuant to Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "Urban Improvement Act"), and the above authorized management and disposal plan shall be the same month.

7. The facts notified. The defendant is the owner of each building listed in the separate sheet in the above redevelopment improvement project zone (hereinafter referred to as "the building in this case"). The plaintiff is a person subject to cash liquidation who has not filed an application for parcelling-out; the plaintiff applied for an adjudication of expropriation with the defendant and the local Land Tribunal of Busan Metropolitan City in order not to reach an agreement on compensation for the building in this case; the above committee made an adjudication of expropriation on March 16, 2015 with compensation 464,168,50 won, and the date of expropriation as of May 8, 2015; the plaintiff deposited the defendant as the victim on May 1, 2015.

According to Article 49 (6) of the Urban Improvement Act, when the approval of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, may not use or profit from the previous land or building, and the project implementer may use or benefit from the former land or building. Thus, according to the above recognition facts, the defendant

2. The defendant's assertion was decided to accept the building of this case, but the compensation amount stipulated in the above acceptance ruling is too small and unfair. Thus, the defendant's claim cannot be complied with.

Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas shall apply to the right holder, such as the owner of the previous land or structure when the approval of the management and disposal plan is publicly announced.

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