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(영문) 부산지방법원 2019.10.29 2018가단338198
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C shall enter the attached list.

Reasons

1. Facts of recognition;

A. On March 12, 2012, the Plaintiff is a housing redevelopment project partnership that obtained authorization for the establishment of a housing redevelopment project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of Yeongdeungpo-do Busan Metropolitan City head of the Gu as the project implementation district with the area of 65,557 square meters.

B. On January 23, 2017, the head of the Young-do Busan Metropolitan City (Seoul Metropolitan Government) authorized the management and disposal plan on December 4, 2017 after authorization for the implementation of the project is granted to the Plaintiff, and announced it on December 13, 2017.

C. Defendant B is the owner of a building located within the project zone for the above improvement project (hereinafter “instant real estate”), and became a cash liquidation agent because he did not apply for parcelling-out within the period of application for parcelling-out, and Defendant C is the children of Defendant B, and Defendant B occupies the instant real estate through Defendant C.

On December 10, 2018, the Busan Metropolitan City Regional Land Tribunal: (a) on December 10, 2018, upon the Plaintiff’s application for the adjudication of expropriation, determined compensation for losses for the real estate owned by Defendant B, including the instant real estate, and rendered a ruling of expropriation on February 7, 2019.

E. Upon Defendant B’s refusal to receive the above compensation, the Plaintiff deposited the full amount of compensation for Defendant B as the Busan District Court No. 456 in February 1, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Article 81 (1) of the Act on the Determination of Grounds for Claims shall not be permitted to use or profit from the previous land or buildings until the date of public announcement of the approval of a management and disposal plan under Article 78 (4) of the same Act, when the owners, persons with superficies, persons having leaseholds, etc. of the previous land or buildings publicly notify of the approval of the management and disposal plan under Article 78 (4) of the same Act: Provided, That the project operator shall obtain the consent of the project operator or the acquisition of

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