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(영문) 부산지방법원동부지원 2020.09.22 2019가단221026
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

Facts of recognition

The plaintiff is a housing redevelopment and consolidation project association approved by the head of the Busan Metropolitan Government on May 18, 2005 to implement a housing redevelopment and rearrangement project (hereinafter referred to as the "project of this case") with the area of 100,459 square meters in Nam-gu Busan Metropolitan City D Il-gu.

The Defendant occupies the instant real estate as the owner of the real estate indicated in the attached list in the instant project zone (hereinafter “instant real estate”).

On February 19, 2004, the head of the Nam-gu Busan Metropolitan Government approved the management and disposal plan of the Plaintiff on November 13, 2017, and announced it on November 15, 2017.

On February 10, 2020, the Plaintiff deposited KRW 652,905,870,000, as stated in the above confinement ruling, with the Defendant as a depositee on February 27, 2020 upon receiving the ruling of expropriation from the Busan Regional Land Tribunal of Busan Metropolitan City. Of these, KRW 6,120,000 is the compensation for the instant real estate.

[Ground of recognition] In light of the fact that there is no dispute, Gap 1, 4-7 evidence (including a branch number if a branch number exists), and the purport of the whole pleadings, the defendant is obligated to deliver the real estate of this case to the plaintiff who acquired the right to use and benefit in accordance with the public notice of approval of the management and disposition plan.

In conclusion, the plaintiff's claim shall be accepted as reasonable.

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