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(영문) 부산지방법원 2017.11.09 2017가단308657
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing redevelopment project (hereinafter “instant redevelopment project”) on a scale of 232,885 square meters in a large area, including real estate listed in the attached Table list (hereinafter “instant real estate”). On July 20, 2015, the Plaintiff obtained authorization of the management and disposal plan concerning the instant redevelopment project from the head of the Dong-gu Busan Metropolitan City (hereinafter “instant redevelopment project”), and the said authorization was publicly announced on July 29, 2015.

B. The Defendant is the owner of the instant real estate and is subject to cash liquidation who did not apply for the application for parcelling-out relating to the instant redevelopment project.

C. The Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee on February 20, 2017, on which the date of commencement of expropriation was May 4, 2017 (hereinafter “instant adjudication”). D.

On April 17, 2017, the Plaintiff deposited KRW 268,618,590 as the Busan District Court No. 2696, which deposited the Defendant as the principal deposit on April 17, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Government Act”), when the approval of a management and disposal plan is publicly announced, a person holding a right, such as the owner of the previous land or building, shall not use or benefit from the plan, except where a project operator’s consent or a compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Land Compensation Act”) has not been completed.

In addition, according to the main sentence of Article 40 (1) of the Act on the Improvement of Urban Areas and Dwelling Conditions, the expropriation or use of ownership or other rights of land or buildings for the implementation of housing redevelopment improvement project within the redevelopment and rearrangement zone is special.

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