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(영문) 부산지방법원 2020.03.26 2019가단332142
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B, C, and D (attached Form 1) are buildings listed in paragraph 1 of the list;

B. Defendant E [Attachment 1] Section 4.

Reasons

1. Facts of recognition;

A. On June 29, 2005, the Plaintiff is the Housing Redevelopment Project Association which obtained authorization for the establishment of a 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 Busan Special Metropolitan City head of Busan Special Metropolitan City, which designates 126,834.1m2 as the project implementation district by the head of Busan Special Metropolitan City

B. The head of Busan Jin-gu authorized the management and disposal plan on August 21, 2018 after the project implementation authorization was granted to the Plaintiff, and publicly notified on August 29, 2018.

C. The Defendants are owners or lessees of each of the following buildings located within the project zone for the said rearrangement project:

Buildings B, C, and D (attached Form 1) listed in paragraph (1) E (Attached Form 1) of the attached Table 4 [Attachment 2] Buildings F (Attached Form 2] listed in paragraph (1) of the attached Table 4 [Attachment 2] Buildings G organizations listed in paragraph (2) of the attached Table 3 [Attachment 3] Buildings I listed in paragraph (1) of the attached Table 1 [Attachment 3] Buildings J(Attached 4] listed in paragraph (2) of the attached Table

D. Meanwhile, on October 28, 2019, with respect to the above improvement project, the expropriation ruling was made on December 23, 2019 with the commencement date of expropriation as of December 28, 2019, and the Plaintiff deposited the Defendants’ respective compensation for losses as stipulated in the said expropriation ruling with each of the Defendants’ respective deposits.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants cannot use or benefit from each owned or occupied building pursuant to the main sentence of Article 81(1) of the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents.

Therefore, the defendants have the duty to deliver each owned or occupied building to the plaintiff.

3. In conclusion, the plaintiff's claim against the defendants is justified and all of them are accepted. It is so decided as per Disposition.

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