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(영문) 부산지방법원 2019.08.22 2018가단321572
부동산인도 등
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. Basic facts

A. On June 9, 2006, the Plaintiff was authorized by the management and disposal plan under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents on May 4, 2016 as a housing redevelopment project partnership established for the purpose of implementing a housing redevelopment project with the area of project implementation of the housing redevelopment project, which includes real estate listed in the attached list owned by the Defendant, including real estate listed in the attached list owned by the Defendant, with the aim of implementing the housing redevelopment project. The head of the Busan Gu announced the above management and disposal plan on May 11, 2016

B. In relation to the above housing redevelopment improvement project, the defendant became a person subject to cash liquidation as the plaintiff did not apply for parcelling-out within the period of application for parcelling-out set by the plaintiff.

C. On July 23, 2018, Busan Metropolitan City Regional Land Expropriation Committee (hereinafter “Local Land Expropriation Committee”) determined compensation for the Defendant for the redevelopment project by 157,029,300 won (land 142,979,200 won) and the starting date of expropriation as of September 10, 2018.

On September 7, 2018, the Plaintiff refused to receive the above compensation and deposited KRW 157,029,30 with the Busan District Court Decision 2018Da4591, Sept. 7, 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence Nos. 1 through 5, 9, 10 (including paper numbers), the purport of the whole pleadings

2. Article 49(6) (amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”) 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 “Urban Improvement Act”) shall not use or benefit from the previous land or buildings until the date of the public announcement of the approval of the management and disposal plan under paragraph (3): Provided, That the project implementer’s consent or the compensation for losses under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor shall be made.

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