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(영문) 부산지방법원서부지원 2017.11.03 2017가단103885
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: the real estate listed in the separate sheet No. 1;

B. Defendant C shall provide the real estate listed in Appendix 2.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff is the Mayor of Seo-gu Busan Metropolitan City Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of housing redevelopment improvement project for D members

(2) The Defendant B received the authorization for the change of the project implementation on August 17, 2015, and the authorization for the management and disposal plan on March 2, 2016.

The real estate in the attached list 1 within the redevelopment project zone as stated in the paragraph, and the defendant C has become a cash liquidator as the owner of the real estate listed in the attached list 2 as the application for the application for parcelling-out within the redevelopment project period.

3) The Plaintiff filed an application for adjudication of expropriation with the Regional Land Expropriation Committee of Busan Metropolitan City, which did not reach an agreement on cash clearing with the Defendants, and deposited KRW 193,723,740 of the compensation for adjudication of expropriation to Defendant B on April 10, 2017, and KRW 567,975,30 of the compensation for expropriation to Defendant C on June 1, 2017, and completed the registration of ownership transfer on June 2, 2017 as to the attached list 1,2, as to the attached list 2, as well as the attached list 1,300 of June 14, 2017.

B. As to the facts found in the above determination, the Plaintiff received the public notice of approval of the management and disposal plan under Article 49(6) of the Urban Improvement Act, and deposited the compensation for expropriation decision with the Defendants and completed the registration of ownership transfer. Therefore, the Defendants are obligated to deliver the instant real estate to the Plaintiff

2. The Defendants asserted that the Defendants’ assertion that the Plaintiff could not comply with the Plaintiff’s claim on the grounds that the Plaintiff did not pay sufficient compensation for losses.

The Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor, which shall apply mutatis mutandis to the expropriation or use of ownership and other rights of land or buildings for implementing a rearrangement project in an improvement zone pursuant to Article 40 (1) of the Urban Improvement Act.

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