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(영문) 부산지방법원동부지원 2020.08.13 2019가단221194
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 the Housing Redevelopment and Improvement Project Association approved by the head of the Nam-gu Busan Metropolitan Government on May 18, 2005 to implement the Housing Redevelopment and Improvement Project (hereinafter “instant Project”) with the area of 100,459 square meters in Nam-gu Busan Metropolitan City.

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

C. The Defendant is the owner of the building indicated in the attached list in the instant project zone (hereinafter “instant building”).

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including the number of each branch), the purport of the whole pleadings

2. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “The owner, superficies, person having a right to the previous land or building, leaser, etc. shall not use or benefit from the previous land or building by the date of the public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act, if the public announcement of the approval of the management and disposal plan is made under Article 8

According to the above facts, the defendant, who is the owner of the building of this case, has the duty to deliver the building to the plaintiff, who is the project implementer, unless there are special circumstances.

3. The defendant's assertion asserts that the defendant cannot respond to the plaintiff's claim before receiving the amount of compensation under the procedure for adjudication on expropriation.

Therefore, comprehensively taking account of the overall purport of the arguments in the statement No. 6-10 evidence, the Busan Metropolitan City Regional Land Expropriation Committee set the commencement date of expropriation on April 20, 2020 as June 15, 2020 and rendered a ruling of expropriation of the instant building, etc., and on June 1, 2020, the Plaintiff deposited KRW 269,760,220, which is the adjudication amount, with the Defendant as the depositee, on June 1, 2020, and the Plaintiff deposited KRW 269,760,220, which is the total area of housing with the total area of 99 square meters or more on June 9, 2020.

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