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(영문) 부산지방법원 2019.11.07 2019가단323605
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B delivers the real estate listed in the separate sheet;

B. Defendant C shall enter the same list.

Reasons

1. Facts of recognition;

A. On June 30, 2005, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the Plaintiff is an association established to implement a housing redevelopment improvement project with the area of project district of 108,270 square meters located in Busan Jin-gu E, Busan as its project district.

B. After doing so, the Plaintiff announced the authorization to implement the project on July 2006 by the head of Busan District Office, the authorization to revise the project on December 2, 2016, and the authorization to revise the management and disposal plan on November 10, 2017 by the head of Busan District Office, and the head of Busan District Office announced the authorization to revise the management and disposal plan on November 15, 2017 by the head of Busan District Office.

C. Defendant B is the owner of the real estate indicated in the attached list (hereinafter “instant real estate”), and is subject to cash liquidation who did not apply for parcelling-out within the period of application for parcelling-out as notified by the Plaintiff, and Defendant C is the lessee of the first floor of the instant real estate and Defendant D is the lessee of the second floor of the instant real estate.

On July 15, 2019, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate Defendant B's compensation for losses on July 15, 2019, and the date of the adjudication of expropriation on September 9, 2019.

E. On September 9, 2019, the Plaintiff refused to receive compensation for losses, and deposited the compensation for losses as stipulated in the above expropriation ruling with the Busan District Court Decision No. 4107, Sept. 9, 2019.

[Reasons for Recognition]

(a) Defendant B and C: Fact that there is no dispute, entries in Gap evidence 1 through 6, and purport of the whole pleadings;

(b) Defendant D: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination

(a) Article 81(1) of the Act on the Determination of the Grounds for Claims shall not be permitted to use or profit from the previous land or buildings until the date of the public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act, when the owners, persons with superficies, persons having chonsegwon, leasers, etc. of the previous land or buildings are publicly notified: Provided, That the consent of the project implementer or the acquisition of and compensation for the land, etc. for public works is obtained.

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