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(영문) 부산지방법원 2017.10.12 2017가단308275
건물명도(인도)
Text

1. The Defendants shall deliver to the Plaintiff the buildings listed in the attached list No. 2.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1- 3 (including a serial number), taking into account the overall purport of the pleadings.

The Defendants are owners of each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

B. The Plaintiff was an organization established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) for the area (area 232,885 square meters), including each of the instant real estate, with the approval of the management and disposal plan concerning the instant redevelopment project from the head of the Dong-gu Busan Metropolitan City on July 20, 2015, and the said approval was publicly notified on July 29, 2015.

C. The Plaintiff agreed with the Defendants on compensation for each of the instant real estate, but did not reach an agreement, and filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee in Busan Metropolitan City.

On February 20, 2017, the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling (hereinafter referred to as “instant ruling”) stating that “the Plaintiff accepted each of the instant real estate for the instant redevelopment project, and the Defendants shall compensate for the losses to be paid to the Defendants in relation thereto, shall be KRW 115,982,620, and KRW 37,458,040 (including accessory warehouses, toilets, obstacles, etc.), respectively, in the case of the buildings listed in the attached Table No. 1 in the attached Table No. 1 (hereinafter referred to as “instant building”). The date of expropriation shall be May 4, 2017.”

E. On April 26, 2017, the Plaintiff deposited KRW 153,440,660 (= KRW 115,982,620, KRW 37,458,040) of the Republic of Korea (competent: the head of the Dong Tax Office)’s seizure amount of KRW 43,261,830 (= KRW 110,178,440, KRW 4360 - 43,261,830) with Defendant B as the principal deposit on April 26, 2017, and Defendant C as the principal deposit on May 2, 2017 and deposited KRW 110,178,830 (= KRW 153,440,660 - KRW 43,261,830) with Defendant C as the principal deposit on May 2, 2017.

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