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(영문) 부산지방법원 2018.02.08 2017가단25259
건물인도
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1-6 and 8 (including paper numbers), taking into account the overall purport of the pleadings.

The Defendant is the owner of the building indicated in the attached Form (hereinafter referred to as the “instant building”) and the site thereof.

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 the Defendant, etc., but did not reach an agreement, 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 the “instant ruling”) on the following grounds: “The Plaintiff accepted the instant building for the instant redevelopment project (including ancillary toilets, warehouses, flowers, fences, fences, and wooden obstacles), and its site; the compensation for losses therefrom is KRW 149,210,430 (i.e., the building and obstacles KRW 41,734,280; KRW 107,476,150 on the land of KRW 41,734,280); the date of commencement of expropriation is October 16, 2017.”

E. Upon the instant judgment on September 29, 2017, the Plaintiff deposited KRW 149,210,430 for the said compensation under the Busan District Court Decision No. 6015, 2017 with the Defendant as the principal deposit, and completed the instant building and its site registration on October 20, 2017.

2. The assertion and judgment

A. (1) According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), a management and disposal plan is to determine the cause of the claim.

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