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(영문) 부산지방법원 2019.07.16 2018가단338105
건물명도(인도)
Text

1. The Defendant shall leave the Plaintiff from each building listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. On March 12, 2012, the Plaintiff is a housing redevelopment project partnership that 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 Yeongdeungpo-do Busan Metropolitan City head of the Gu as the project implementation district with the area of 65,557 square meters.

B. The head of the Young-do Busan Metropolitan City approving the management and disposal plan on December 4, 2017 for the Plaintiff on December 13, 2017, and publicly notified the plan on December 13, 2017.

C. E, the owner of each building listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) did not apply for parcelling-out within the period of application for parcelling-out, and the Plaintiff completed cash settlement in consultation with E, and on August 10, 2018, completed the registration of ownership transfer on the instant real estate on July 20, 2018.

The Defendant leased each of the instant real estate from E and operated a business entity with the trade name “F” in the said real estate, and up to now, occupies each of the instant real estate.

E. On April 8, 2019, Busan Metropolitan City Regional Land Expropriation Committee (hereinafter “Local Land Expropriation Committee”) rendered a ruling to expropriate the Defendant’s compensation amounting to KRW 106,250,00 (=20,940,000 for operating losses, KRW 85,310,00 for the relocation of facilities) and the starting date of expropriation as of June 3, 2019.

F. On May 29, 2019, the Plaintiff, upon the Defendant’s refusal to receive the above compensation, deposited the compensation for losses as stipulated in the above expropriation ruling with the Busan District Court Decision No. 2557, May 29, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Article 81 (1) of the Act on the Determination of Grounds for Claim, when a right holder, such as the owner, superficies, person having a right to the previous land or building, a person having a right to lease and a lessee, has publicly announced the authorization of a management and disposal plan under Article 78 (4) of the same Act, the former land or the previous land by the date of public announcement of relocation under

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