logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.01.18 2016가단34294
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. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement the housing redevelopment improvement project for the Seo-gu Busan metropolitan members, and the Defendant is the owner of the building in the attached list in the above project area (hereinafter “instant building”) and became a cash liquidation as the Plaintiff did not apply for parcelling-out within the period of application for parcelling-out, and is possessed as of the date of closing argument.

B. On March 18, 2015, the Plaintiff obtained authorization from the head of the Busan Seo-gu, the head of the Gu with regard to the housing redevelopment project and obtained authorization for the modification of the management and disposal plan on February 26, 2016, and the above modification was publicly notified on March 2, 2016.

C. On June 20, 2016, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant building and site as KRW 128,050,000 on the date of expropriation as of August 12, 2016. On July 29, 2016, the Plaintiff deposited KRW 128,050,000 as the deposited money by the Defendant as of the date of deposit on the ground that the Defendant refuses to receive the compensation prescribed in the instant adjudication on expropriation.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Where the determination of a management and disposal plan regarding the cause of a claim is publicly notified, a right holder, such as the owner of the previous land or building, may not use or benefit from such plan (hereinafter “Urban Improvement Act”).

Article 49(6) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”) does not apply where a project operator’s consent or compensation for losses under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects has not been completed.

On the other hand, a project operator shall pay or deposit the compensation by the competent Land Tribunal until the commencement date of expropriation as determined by adjudication (the main sentence of Article 40(1) of the Urban Rearrangement Act and Article 40(1) and (2) of the Public Works Act).

arrow