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(영문) 부산지방법원서부지원 2017.11.03 2017가단103922
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. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project for the Seo-gu Seoul branch.

(2) The Defendant received the authorization for the change of the project implementation on August 17, 2015, and the authorization for the management and disposal plan on March 2, 2016.

As the owner of the real estate in the attached list of the redevelopment project zone stated in the paragraph (hereinafter referred to as the "real estate in this case"), the redevelopment project has become a cash liquidator because he/she did not apply for the application for the parcelling-out within the period

3) The Plaintiff filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee of Busan Metropolitan City, which did not reach an agreement on cash clearing with the Defendant, and deposited KRW 897,316,500 of the compensation for adjudication of expropriation to the Defendant on April 10, 2017 (the date of commencement of expropriation) after the adjudication of expropriation was finalized (the date of June 2, 2017), and on June 1, 2017, the Plaintiff deposited KRW 897,316,50 of the compensation for adjudication of expropriation to the Defendant on June 14, 2017, and completed the registration of ownership transfer on the instant real estate on the ground of expropriation on June 2, 2017.

B. As to the facts found in the above determination, the Plaintiff received the public notice of approval of the management and disposal plan under Article 49(6) of the Urban Improvement Act, and deposited the compensation for expropriation decision with the Defendant and completed the registration of transfer of ownership. Therefore, the Defendant is obligated to deliver the instant real estate to

2. The defendant's assertion is disputing the purport that the plaintiff can express the real estate of this case after receiving relocation expenses, relocation subsidies, and moving expenses that the plaintiff should pay from the plaintiff. However, the right to claim compensation for losses by the owner, etc. who moved due to the legally implemented public works is the right under public law. Therefore, the lawsuit over the compensation is not a civil lawsuit but an administrative litigation for legal relations under public law (see, e.g., Supreme Court Decision 2007Da8129, May 29, 2008).

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