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(영문) 부산지방법원 2019.06.13 2018가단321510
부동산인도 등
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association with the approval of establishment from the head of Busan Metropolitan Government on June 9, 2006 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the total area of 238,764 square meters in Busan Metropolitan City as its business area.

B. On May 4, 2016, the head of the Busan Metropolitan City annual government authorized the Plaintiff’s management and disposal plan and announced it on May 11, 201.

C. The Defendant is the owner of the real estate in the attached list in the instant project zone (hereinafter “instant real estate”), and did not apply for parcelling-out to the Plaintiff within the period of application for parcelling-out.

On July 23, 2018, the Busan Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation as of September 10, 2018; (b) decided to expropriate the instant real estate, etc.; (c) on September 5, 2018, the Plaintiff deposited the full amount of compensation for the instant real estate, etc. with the Defendant as the depositee; and (d) on September 5, 2018.

Since then, on September 19, 2018, the plaintiff completed the registration procedure for transfer of ownership on the ground of the above expropriation, and the defendant currently occupies the real estate of this case.

E. On the other hand, the defendant et al. filed a lawsuit to nullify the establishment of the association with Busan District Court (2018Guhap22471) on May 2, 2019, on which the defendant et al. dismissed the defendant et al.'s claim on May 2, 2019.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 5, 7, each statement of evidence 8 (including satisfy numbers), the purport of whole pleadings

2. Determination on the assertion, such as a claim

(a) When the determination of the cause of the claim and the announcement of the authorization of the management and disposal plan under Article 49 (3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is made, the use and profit-making of the right holder, such as the owner, superficies, person having a right to lease, and lessee

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