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(영문) 부산지방법원 2017.01.19 2016가단34874
건물인도
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with the Seo-gu Busan Metropolitan Government as a project implementation district.

B. On March 18, 2015, the Plaintiff obtained authorization from the head of Busan Seo-gu on the management and disposal plan concerning the instant improvement project pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the head of the Busan Seo-gu announced the said authorization pursuant to Article 49(3) of the Urban Improvement Act on March 25, 2015.

After that, the Plaintiff obtained an amendment to the management and disposition plan on February 26, 2016, and on March 2, 2016, the head of the Busan Seo-gu announced the amendment.

C. The Defendant, as the owner of the attached building located within the said project implementation district (hereinafter “instant building”), failed to apply for parcelling-out to the Plaintiff within the period of application for parcelling-out, has become a cash liquidation, and occupies the instant building as of the date of closing argument.

On June 20, 2016, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant building and site as KRW 159,761,200 on the date of expropriation on August 12, 2016. On July 29, 2016, the Plaintiff deposited KRW 159,761,200 with the Busan District Court (159,761,200) as the principal deposit, on the ground that the Defendant’s refusal to receive the compensation prescribed in the instant adjudication on expropriation on July 29, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination

A. The Supreme Court en banc Decision 91Da22094 Decided December 22, 1992; the Supreme Court en banc Decision 91Da22094 Decided December 22, 1992; and the Supreme Court en banc Decision 91Da22094 Decided December 22, 1992.

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