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(영문) 부산지방법원 2018.07.19 2018가단6224
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the attached Form;

B. Defendant C is out of the first floor of the building indicated in the attached Form.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff was authorized to establish a housing redevelopment project association with the area of 34,486 square meters located in Busan-gu, Busan-do. 2) The Plaintiff obtained authorization from the head of Busan-gu, Busan-do, to establish a project on March 6, 2008. The Plaintiff obtained authorization from the head of Busan-gu, Busan-do, to implement the project on March 3, 2009; the authorization for the implementation plan on February 29, 2012; and the authorization for the implementation plan on March 31, 2017 (hereinafter “instant management and disposal plan”).

3) On April 5, 2017, the head of Busan Busan District Government announced the instant administrative disposition plan. (4) Defendant B was the owner of the real estate listed in the attached list in the said project implementation plan (hereinafter “instant real estate”), and became eligible for cash settlement because it did not apply for parcelling-out within the period for application for parcelling-out.

5) Defendant C is residing in the instant real estate. 6) The Plaintiff applied for the adjudication of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on compensation for losses with Defendant B regarding the instant real estate.

7) On March 26, 2018, the Busan Metropolitan City Regional Land Tribunal determines the commencement date of expropriation as of May 18, 2018, and makes a ruling of expropriation against Defendant B (hereinafter “instant expropriation ruling”).

(8) On May 11, 2018, the Plaintiff deposited KRW 951,151,726,500 for Defendant B’s compensation for the amount of KRW 286 square meters for the amount of KRW 1,151,178,800 for the amount of compensation for the amount of KRW 200,547,70 for the building and obstacles on the ground, and deposited KRW 200,547,70 for the entire amount of compensation for losses arising from the instant decision of expropriation.

[Grounds for recognition] Gap 1-5 evidence (including provisional number), the purport of the whole pleadings

B. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) provides that when a management and disposal plan is authorized and such notification is made, the owner of the previous land or structure or the lessee, etc. shall be publicly notified in accordance with Article 54.

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