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(영문) 부산지방법원 2019.09.19 2019가단314823
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall have the real estate listed in the annexed sheet No. 1;

B. Defendant C Co., Ltd. shall be in annexed Form 2.

Reasons

1. Claim against Defendant B, C, and E

(a)the description of the reasons for the claim is as shown in Appendix 5;

(b) Judgment on deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

C. Accordingly, the Plaintiff is obligated to deliver each real estate listed in the separate sheet No. 1, the Defendant C Co., Ltd., the real estate listed in the separate sheet No. 2, and the Defendant E Co., Ltd., the real estate listed in the

2. Claim against Defendant D Co., Ltd.

A. Basic facts 1) The Plaintiff is the Plaintiff’s housing redevelopment improvement project (hereinafter “instant project”) with approximately approximately KRW 227,440 square meters of the F of the Dong-gu Busan Metropolitan City as its business area.

(2) On July 5, 2018, the head of the Busan Metropolitan City Dong-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul Metropolitan City Dong-gu government”) authorized the Plaintiff’s management and disposition plan and announced it on July 11, 2018.

3) Defendant D Co., Ltd. has occupied the said real estate as a lessee of the real estate listed in the separate sheet No. 3. 4) On April 22, 2019, the Busan Regional Land Tribunal of Busan Metropolitan City: (a) determined the commencement date of expropriation as of June 17, 2019; (b) accepted the real estate listed in the separate sheet No. 3; and (c) rendered a ruling to pay KRW 19,500,000 to Defendant D Co., Ltd. (hereinafter “instant expropriation ruling”); and accordingly, on June 10, 2019, the Plaintiff deposited the total amount of KRW 19,500,000 business compensation with Defendant D Co., Ltd as the principal deposit (Seoul District Court No. 2759, Busan District Court Decision 2019).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 3-3, 4-4, 5-7, 8-2, and the purport of the whole pleadings

B. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “The owner, superficies, leaseer, etc. of the previous land or building shall have the right to the claim, such as the owner, superficies, leaseer, etc.

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