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(영문) 부산지방법원동부지원 2020.09.01 2019가단221545
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

Facts of recognition

The plaintiff is the Housing Redevelopment Development and Improvement Project Association approved by the head of Busan Metropolitan Government on May 18, 2005 to implement housing redevelopment improvement project (hereinafter "the project of this case") with the area of 100,459 square meters in Nam-gu, Busan Metropolitan City.

The defendant occupies each real estate of this case as the owner of each real estate listed in the separate sheet in the business area of this case (hereinafter referred to as "each real estate of this case").

On February 19, 2004, the head of the Nam-gu Busan Metropolitan Government approved the management and disposal plan of the Plaintiff on November 13, 2017, and announced it on November 15, 2017.

On February 10, 2020, the Plaintiff deposited KRW 432,432,440 as compensation for losses under the above confinement ruling with the Defendant as a depositee on February 27, 2020 after receiving a ruling of expropriation from the Busan Regional Land Tribunal of Busan Metropolitan City.

[Ground of recognition] Fact-finding without dispute, Gap's evidence Nos. 1 through 10 (including branch numbers if there are branch numbers), and the ground for claim as to the whole purport of the pleadings, according to the above facts of recognition, the defendant is obligated to deliver each real estate of this case to the plaintiff who acquired the right to use and benefit pursuant to the public notice of the management and disposal plan approval

As to the Defendant’s assertion, the Defendant asserted from around 2001 to the present real estate, that the Plaintiff cannot respond to the Plaintiff’s claim before receiving the settlement money, relocation expenses, and director expenses on the premise that the Defendant is still residing in each of the instant real estate. However, there is no evidence to acknowledge

Rather, according to the statements in Gap evidence 11-1 and 2, the defendant is only found to have not completed the moving-in report as each of the instant real estate after the moving-in report was completed on July 14, 198 to Busan Southern-gu D.

In conclusion, the plaintiff's claim shall be accepted as reasonable.

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