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(영문) 부산지방법원동부지원 2020.09.22 2019가단220979
건물명도(인도)
Text

1. The Defendants shall deliver each of the real estate listed in the separate sheet to the Plaintiff.

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

Reasons

Facts of recognition

The plaintiff is a housing redevelopment and consolidation project association approved by the head of the Nam-gu Busan Metropolitan Government on May 18, 2005 to implement a housing redevelopment and rearrangement project (hereinafter referred to as the "project of this case") with the area of 100,459 square meters in the Nam-gu Busan Metropolitan City.

G, the owner of the real estate in the instant project area (hereinafter “instant real estate”), was the Defendants as his child between the network H and the Plaintiff. The network G died on October 21, 1976, and the network H died on March 26, 1991.

On February 19, 2004, the head of the Nam-gu Busan Metropolitan Government approved the management and disposal plan of the Plaintiff on November 13, 2017, and announced it on November 15, 2017.

On February 10, 2020, the Plaintiff received a ruling of expropriation from the Busan Metropolitan City Regional Land Expropriation Committee on March 23, 2020, and deposited KRW 9,218,450 as compensation for losses under the said ruling of expropriation by designating the Defendants, who are the deceased’s inheritors, as depositors. Of them, KRW 1,227,60 as compensation for losses for the instant real estate.

[Grounds for recognition] In light of the facts without dispute, Gap 1, 4-7 evidence (including the branch number if there is a provisional number), and the facts of the overall purport of the pleading, the defendants are obligated to deliver the real estate of this case to the plaintiff who acquired the right to use and benefit in accordance with the public notice of the approval of the management and disposition plan.

In conclusion, the plaintiff's claim against the defendants is justified, and all of them are accepted.

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