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(영문) 부산지방법원동부지원 2020.06.04 2019가단215038
건물명도(인도)
Text

1. The plaintiff

A. Defendant B: (a) the buildings listed in the separate sheet;

B. Defendant C is among the first floor of the building indicated in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that obtained authorization from the head of the Busan Metropolitan Government on May 18, 2005 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the area of 100,459 square meters located 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. Defendant B occupied the building as the owner of the building indicated in the attached list in the instant project zone (hereinafter “instant building”), and Defendant C occupied the said building as the lessee of (a) part of the ship connecting each point of the attached table Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 11.5 square meters (hereinafter “the part of the instant building”) among the first floor of the building, and Defendant B did not file an application for parcelling-out within the period of application for parcelling-out as determined by the Plaintiff.

On February 10, 2020, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant building, etc. on April 6, 2020. On February 27, 2020, the Plaintiff deposited KRW 1,845,000 as the depositee of Defendant C, and paid all compensation for losses arising from the above expropriation ruling.

[Ground for Recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C; entries in Gap evidence 1 through 8 (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 referred to as the “Urban Improvement Act”) concerning the cause of the claim shall not use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan under Article 78 (4) of the same Act when the owner, superficies, leasee, leasee, etc. of the previous land or buildings are publicly notified.

Provided, That a project implementer shall be a project implementer;

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