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(영문) 부산지방법원 2020.06.05 2019가단332029
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet No. 1;

B. Defendant C shall be listed in the separate sheet No. 2.

Reasons

1. Basic facts

A. On June 29, 2005, the Plaintiff is a housing redevelopment project partnership that obtained approval for the establishment of a 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 Busan District, Busan District, the head of the Gu of Busan District, for which 126,834.1m2 is the project district.

B. The head of Busan Jin-gu authorized the management and disposal plan on August 21, 2018 after the project implementation authorization was granted to the Plaintiff, and publicly notified on August 29, 2018.

C. Defendant C Co., Ltd.: (a) the building listed in the separate sheet No. 2; (b) the building listed in the separate sheet No. 3; (c) the building listed in the separate sheet No. 4; and (d) the Defendant F possessed the building listed in the separate sheet No. 5; (b) the Defendant B is the owner of the building listed in the separate sheet No. 1 (hereinafter collectively referred to as “each of the instant buildings”); and (c) each of the instant buildings is located within the business territory of the said rearrangement project.

On October 28, 2019, the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on each of the instant buildings on December 23, 2019. Accordingly, on December 11, 2019 to December 11, 2019, the Plaintiff deposited the total amount of the expropriation compensation and business compensation determined by the said ruling of expropriation with the Defendants as the depositee.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination as to the Plaintiff’s claim against Defendant B, C, and D

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of each applicable provision of Acts (a judgment by deeming the Plaintiff as one of the parties concerned). 3. Article 81(1) of the Act on the Determination of Claim against Defendant E and F of the Act on the Maintenance of Urban Areas provides that the owner, superficies, leaseer, etc. of the previous land or building is notified of the approval plan for the management and disposition under Article 78(4) of the same Act, the former land shall be until the date of public notification of transfer under Article 86 of the same Act.

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