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(영문) 부산지방법원동부지원 2020.10.13 2019가단221101
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B and C are buildings listed in the separate sheet;

B. Defendant D shall be the first floor of the buildings listed in the attached list.

Reasons

Facts of recognition

The plaintiff is the Housing Redevelopment Development and Improvement Project Association approved by the head of Busan Metropolitan Government on May 18, 2005 to implement the Housing Redevelopment and Improvement Project (hereinafter referred to as the "instant Project") with the area of 100,459 square meters in Nam-gu, Busan Metropolitan City.

Defendant B and C are the right holder of each 1/2 of the buildings listed in the separate sheet in the instant project zone (hereinafter “instant building”), and Defendant D leased and occupied 31.605 square meters of each floor of the instant building.

On February 19, 2004, the head of the Nam-gu Busan Metropolitan Government approved the management and disposal plan of the Plaintiff on November 13, 2017, and announced it on November 15, 2017.

On April 20, 2020, the Plaintiff deposited KRW 68,041,940 as the deposited money, and KRW 68,001,020 as the compensation under the above expropriation ruling by designating Defendant C as the deposited money, and KRW 68,001,020 as the compensation under the above expropriation ruling by designating Defendant C as the deposited money.

[Based on the above facts, the defendants are obligated to deliver each of the buildings of this case or one of the buildings of this case to the plaintiff who acquired the right to use and benefit in accordance with the management and disposal plan authorization notice, barring any special circumstance.

As to the Defendants’ assertion, in light of the fact that the Defendants set compensation for Defendant B and C based on the erroneous appraisal result in the above expropriation ruling, the Defendants asserted that the Plaintiff cannot be deemed to have completed the compensation for losses as prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects against Defendants B and C (hereinafter “Land Compensation Act”), and thus, the Plaintiff cannot comply with the Plaintiff’s claim.

As seen earlier, the Plaintiff did so to Defendant B and C.

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