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(영문) 부산지방법원 2019.08.14 2018가단321589
부동산인도 등
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association with the approval of establishment from the head of Busan Metropolitan Government on June 9, 2006 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the business area of 238,764 square meters in Busan Metropolitan City.

B. On May 4, 2016, the head of the Busan Metropolitan Government annual government authorized the Plaintiff’s management and disposition plan, and announced it on May 11, 2016.

C. The Defendant occupied each real estate in the instant project zone as the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), and did not apply for parcelling-out to the Plaintiff within the period for application for parcelling-out as determined by the Plaintiff.

On July 23, 2018, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant real estate, etc. on September 10, 2018. On September 7, 2018, the Plaintiff deposited 286,652,500 won (i.e., the instant real estate, among the instant real estate, KRW 205,620,00) as the principal deposit of the Defendant on September 7, 2018. The Plaintiff deposited the total amount of compensation for losses arising from the said expropriation ruling.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers), the purport of the whole pleadings

2. According to 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), when a management and disposal plan is authorized and publicly announced, the owner, superficies, persons having rights, such as the owner, superficies, leasee, etc. of the previous land or structure may not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the same Act, and the project implementer may use or benefit from the former land or structure (see, e.g., Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014).

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