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(영문) 부산지방법원 서부지원 2018.06.19 2017가단10150
건물인도
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C is the second floor of the above building.

Reasons

1.The following facts may be found either in dispute between the parties or in the entries in Gap evidence 1 to 6, 9, and 10, by integrating the purpose of the entire pleadings:

The Plaintiff is, on September 14, 2006, a housing redevelopment and consolidation project association which was authorized by the head of the Ministry of Health and Welfare on September 14, 2006 to implement a housing redevelopment project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the area of 43,915 square meters in Seo-gu, Busan Metropolitan City, with the approval of a project implementation plan on January 23, 2009 for the said rearrangement project (the notification of the project implementation plan issued on February 4, 2009) and obtained the approval of a project implementation plan on June 20, 2014.

On June 25, 2014, Busan Metropolitan City Public Notice G of the Organization (Public Notice). (b)

The Plaintiff established a management and disposition plan around March 20, 2016 (hereinafter referred to as “instant management and disposition plan”) and obtained authorization from the head of the Busan Metropolitan City Council from the head of the Gu on May 19, 2016.

on May 25, 2016, the Busan Metropolitan City Public Notice No. H.

Defendant B owned buildings listed in the attached list in the above improvement zone and became a cash liquidationist because the Plaintiff did not apply for parcelling-out within the period of application for parcelling-out implemented by the Plaintiff. On November 20, 2017, the Busan Regional Land Tribunal rendered a ruling to expropriate land, etc. as of January 5, 2018 (hereinafter “instant ruling of expropriation”).

C. On December 28, 2017, the Plaintiff deposited KRW 421,665,250 of the cash settlement money pursuant to the above acceptance ruling against Defendant B with the Busan District Court’s Seo Branch Branch of Seo-gu, Busan District Court. On January 12, 2018, the Plaintiff completed the registration of ownership transfer on the buildings listed in the attached list.

Defendant B directly or indirectly occupies all the buildings indicated in the attached list, and Defendant C occupies all the two floors of the same building, and Defendant D occupies all the three floors of the same building.

2.

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