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(영문) 부산지방법원 2018.02.08 2017가단25013
건물인도
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the attached Form;

B. Defendant C is attached to the second floor of the above building.

Reasons

1. Following the facts of recognition are: (a) there is no dispute between the Plaintiff and the Defendant; or (b) there is no dispute between the Plaintiff and the Defendant, taking into account the entire purport of the pleadings, and the Plaintiff and the Defendant C are deemed to have no dispute pursuant to Article 150 of the Civil Procedure Act.

A. Defendant B is the owner of the building indicated in the attached Form (hereinafter “instant building”) and the site thereof, and Defendant C is a person who leases and occupies approximately 45.5 square meters of the 2nd floor of the instant building, which connected each point in the attached Form No. 1, 2, 3, 4, and 1, in sequence, among the two floors of the instant building.

B. The Plaintiff was an organization established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) for the area (area 62640.7 square meters) of the instant building, including the instant building. As to the instant redevelopment project, the Plaintiff obtained approval from the head of the Young-do Office of Busan Metropolitan City with respect to the instant redevelopment project from the head of the Gu, and obtained approval of the project implementation plan on March 4, 201, and obtained approval of the project implementation plan on January 7, 2016, and obtained approval of the management and disposal plan on July 26, 2016, which was publicly notified on August 3, 2016.

C. The Plaintiff agreed on the compensation for the instant building with Defendant B, etc. but did not reach an agreement, and filed an application for adjudication of expropriation with the competent Regional Land Expropriation Committee in Busan Metropolitan City.

On August 21, 2017, the Busan Metropolitan City Regional Land Tribunal rendered a ruling (hereinafter referred to as “instant ruling”) on the following grounds: “The Plaintiff expropriates the instant building for the instant redevelopment project (including ancillary toilets, warehouses, flowers, fences, etc.) and its site, etc. (hereinafter the same shall apply); the compensation for the relevant losses is KRW 419,665,50 (i.e., the building and obstacles at KRW 103,292,080 (i.e., the land at KRW 103,292,00), and the commencement date of expropriation is October 16, 2017 (hereinafter referred to as “instant ruling”).

E. On September 27, 2017, the Plaintiff made Defendant B as the principal deposit in accordance with the instant judgment.

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