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(영문) 부산지방법원 2018.08.28 2018가단302359
건물명도(인도)
Text

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

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that has been established with the total area of 238,764 square meters in Busan-gu, Busan-do as a project implementation district.

B. The Plaintiff obtained authorization to establish the association on June 9, 2006 from the head of Busan Metropolitan City’s annual head, authorization to implement the project on December 19, 2008, authorization to alter each project implementation on January 2, 2013, and October 16, 2015, respectively, and authorization to implement the project on May 4, 2016 (hereinafter “instant authorization to implement the management and disposal plan”), and the head of Busan Metropolitan City’s annual head of the Gu publicly notified the authorization to implement the management and disposal plan on May 11, 2016.

C. D, E, and F are co-owners of each real estate listed in the separate list of real estate located in the project implementation district (hereinafter “instant real estate”). On October 29, 2016, E, a lease deposit for one column among the Defendant and real estate is KRW 1 million, a monthly rent is KRW 1.20,000,000, and a lease contract is concluded between October 29, 2016 and October 29, 2018, respectively. The Defendant occupied and used the leased part of the real estate.

The Plaintiff filed an application for adjudication of expropriation with the Regional Land Expropriation Committee of Busan Metropolitan City as it did not hold an agreement on compensation for business rights, etc. concerning the leased portion of the real estate between the Defendant and the Defendant. On December 18, 2017, the Busan Regional Land Expropriation Committee of Busan Metropolitan City set the commencement date of expropriation as February 12, 2018 and made an adjudication of expropriation of business rights, etc. (hereinafter “instant adjudication of expropriation”) against the Defendant, and decided that compensation for the relocation of facilities, etc. against the Defendant was KRW 80,000 in total.

E. On February 7, 2018, the Plaintiff deposited the full amount of KRW 800,000 of the compensation determined by the confinement ruling with the Defendant as the principal deposit.

(A) The fact that there is no dispute over the grounds for recognition of the Busan District Court No. 751. [No. 751.] of 2018, Gap evidence No. 1 through 8 (including the number of branches), Eul evidence No. 1, and the purport of the whole pleadings.

2. The assertion and judgment

(a) Determination on the cause of the claim 1 former City and ..

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