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(영문) 부산지방법원서부지원 2019.02.20 2018가단114776
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a rearrangement association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) whose size is 72,313,60 square meters in Busan Seo-gu C, Busan, and a building listed in the attached list (hereinafter “instant building”) is within the rearrangement zone.

B. On November 14, 2017, the Plaintiff obtained authorization from the head of the Busan Metropolitan City Office of the management and disposition plan of the instant rearrangement project (hereinafter “instant management and disposition plan”) from the head of the Gu, and on November 22, 2017, the said management and disposition plan was publicly notified (hereinafter “instant public notice”).

C. The defendant is the owner of the building of this case who completed the application for parcelling-out within the period of application for parcelling-out.

On October 22, 2018 under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”), the Busan Metropolitan City Regional Land Expropriation Committee made an adjudication to expropriate the instant building on October 22, 2018 and to recognize KRW 17,532,00 as compensation for business losses following the closure of laundry business operated by the Plaintiff (hereinafter “instant adjudication on expropriation”).

E. On December 13, 2018, the Plaintiff deposited the full amount of the business loss compensation determined by the instant decision on expropriation with the Defendant as the principal deposit (No. 1880 of 2018).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claims, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner, superficies, a person having a right to lease on a deposit basis, and a lessee, etc. of the previous land or buildings, shall not use or profit from the previous land or buildings until the date of public announcement of transfer under Article 86 of the same Act,

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