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(영문) 부산지방법원 2019.09.24 2018가단321527
부동산인도 등
Text

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

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

Reasons

1. Facts of recognition;

A. On June 9, 2006, the Plaintiff is a housing redevelopment project partnership that has obtained authorization for the establishment of a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of the Gu of Busan Metropolitan City with the area where the project is implemented (hereinafter “instant improvement project”).

B. The head of the Busan Metropolitan Government annually authorized the Plaintiff to implement a management and disposal plan on May 4, 2016 after authorization for the implementation of the project, and publicly notified the plan on May 11, 2016.

C. Defendant B is the owner of each real estate listed in the separate sheet located within the instant improvement project zone (hereinafter “instant real estate”), and Defendant C is the wife of Defendant B, and the Defendants possessed the said real estate, and Defendant B did not apply for parcelling-out within the period of application for parcelling-out as determined by the Plaintiff.

On December 18, 2017, the Busan Metropolitan City Regional Land Tribunal accepted business rights, etc. from Defendant C, and rendered a ruling on expropriation of compensation amounting to KRW 29,950,730, and the date of commencement of expropriation as of February 12, 2018. On July 23, 2018, when accepting the instant real estate from Defendant B, it decided to expropriate compensation amounting to KRW 675,02,620, and the date of commencement of expropriation as of September 10, 2018.

E. Upon the Defendants’ refusal to receive the above compensation, the Plaintiff deposited the full amount of compensation for Defendant C’s losses on February 9, 2018, and the full amount of compensation for Defendant B’s losses on September 7, 2018.

[Reasons for Recognition] Facts without dispute, entry of Gap's evidence 1 to 9, purport of the whole pleadings

2. Article 81 (1) of the Act on the Determination of Grounds for Claims shall not be permitted to use or profit from the previous land or buildings until the date of public announcement of the approval of a management and disposal plan under Article 78 (4) of the same Act, when the owners, persons with superficies, persons having leaseholds, etc. of the previous land or buildings make a public announcement of the approval of the management and disposal plan under Article 78 (4) of the same Act: Provided, That

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