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(영문) 부산지방법원 2017.01.17 2016가단35037
건물인도
Text

1. The plaintiff, the defendant B delivers the building indicated in the attached Form, and the defendant C is from the first floor of the building indicated in the attached Form.

Reasons

1. Basic facts

A. The Plaintiff was established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) covering approximately 43,872 square meters of the Seo-gu Busan Metropolitan Government D Day, Seo-gu, Busan Metropolitan City (hereinafter “instant redevelopment project”) and obtained authorization for the establishment from the head of the Gu on January 11, 2008.

The Plaintiff obtained authorization from the head of Seo-gu Busan Metropolitan Government from the head of the Gu on January 9, 2013, authorization for the implementation of the project on September 12, 2014, authorization for the implementation of the project on March 18, 2015, authorization for the management and disposal plan on March 18, 2015, and authorization for the modification of the management and disposal plan on February 26, 2016, and the authorization for the modification of the management

B. Defendant B is the owner of the building indicated in the attached Form in the zone where the improvement project of the Plaintiff Union is implemented, and Defendant C is the lessee of the first floor among the buildings indicated in the attached Form.

C. On April 21, 2016, the Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Tribunal of Busan Metropolitan City. On July 29, 2016, according to the adjudication of expropriation rendered by June 20, 2016, the Plaintiff deposited KRW 317,053,80 with the Busan District Court (Seoul District Court No. 6461) as the depositee in July 29, 2016.

[Reasons for Recognition] Defendant B: The parties concerned have no dispute; Gap evidence Nos. 1 through 6; Eul evidence Nos. 4 and 6; the purport of the whole pleadings; defendant C: deemed confession

2. Determination

A. According to the above facts, on March 2, 2016, on which the amendment to the above management and disposal plan was announced under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Defendants lost their right to use and benefit from the building indicated in the attached Form and acquired their right to use and benefit therefrom. Thus, barring any special circumstance, Defendant B transferred the building indicated in the attached Form to the Plaintiff, and Defendant C, a resident, is obligated to leave from

B. Defendant B asserted that it is impossible to comply with the Plaintiff’s claim because the management and disposal plan (including amendment) formulated by the Plaintiff was invalid, but the claim that the compensation was not deposited was withdrawn from the first date for pleading.

Since the evidence submitted by Defendant B alone is insufficient to recognize this, the above argument by Defendant B is added.

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