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(영문) 부산지방법원 2019.01.09 2018가단10605
건물인도
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Facts recognized;

A. The Plaintiff was a housing redevelopment improvement association established to implement a housing redevelopment improvement project in the area of 58,113.1 square meters in Busan-gu, Busan-gu, Busan-do, and was approved by the head of Busan-gu, Busan-do, the head of the Gu and publicly notified on April 19, 2017.

B. The Defendant is the owner of the building indicated in the attached Form (hereinafter “instant building”) located in the said project site, and is occupying the instant building until now.

C. On June 4, 2018, the Busan Metropolitan City Regional Land Tribunal: (a) decided on July 25, 2018 on the commencement date of expropriation; (b) decided on the expropriation of the Defendant, etc.; and (c) on July 19, 2018, the Plaintiff deposited the full amount of compensation for losses due to the above expropriation ruling in the future of the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1-6

2. According to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and publicly announced, the use and profit-making by the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer can use and benefit from the former and the defendant is obligated to deliver the building in question

3. The defendant's assertion argues that since the defendant did not receive compensation from the plaintiff for relocation expenses, resettlement subsidies, relocation expenses, etc., the defendant's assertion that the defendant can refuse to deliver the building of this case because it constitutes "where compensation for losses has not been completed," which is an exception to suspending the use and profit-making of the owners, etc.

The purpose of this Act is to facilitate the implementation of the project by encouraging the early relocation of the owners, etc. who reside in the project implementation zone concerned, and the amount of money paid on the social security level for the owners, etc. who will suffer special difficulties due to the relocation of their residence.

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