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(영문) 부산지방법원 동부지원 2021.01.21 2020가단212936
건물인도
Text

The Plaintiff

(a) Defendant B, C, F, G, and H are buildings listed in Appendix 1 attached hereto;

B. Defendant D and E are set out in Appendix 2.

Reasons

As to claims against Defendant C, E, F, G, and H

(a)the reasons for the attachment to the indication of the claim and the changed reasons for the claim;

(b) Judgment which considers the confession of the applicable legal provisions (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

2. As to the claim against the defendant B and D

A. (i) The Plaintiff is a housing redevelopment and rearrangement project partnership with the establishment of an association authorized by the head of Nam-gu Busan Metropolitan City in order to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) whose business area covers 252,603m2 in Nam-gu I, Busan Metropolitan City I (hereinafter “instant project”).

on April 1, 2019, the Administrator of the Nam-gu Busan Metropolitan City Office approved the management and disposition plan of the plaintiff, and announced it on April 3, 2019.

Defendant D is the owner of a building listed in the attached Table 3 (hereinafter “instant building”) in the instant business area, who is subject to cash clearing, and Defendant B is the owner of the building listed in the attached Table 2.

x) On July 20, 2020, the Busan Metropolitan City Land Expropriation Committee set the commencement date of expropriation as of September 14, 2020 and decided to expropriate a building in which the purport of the claim filed by Defendant D was stated. On September 9, 2020, the Plaintiff paid the compensation for losses set forth in the above expropriation decision to Defendant D.

[Grounds for Recognition] : Each entry of Gap evidence Nos. 1 through 3 and 7, and the purport of the whole pleadings

B. (1) Article 81(1) of the Act on the Maintenance of Urban Areas and Residential Environments (hereinafter “Act on the Maintenance of Urban Areas”) on the basis of the determination of the cause of the claim is prohibited from using or earning profit from the previous land or buildings until the date of the public announcement of transfer under Article 86, when the owner, superficies, leaseee, and other right holders of the previous land or buildings make a public announcement of the existence of a management and disposition plan under Article 78(4) of the same Act.

However, there is a loss compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as the "Public Interest Business Act") with the consent of the project implementer.

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