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(영문) 부산지방법원 2019.07.19 2018가단335564
건물명도(인도)
Text

1. The Plaintiff:

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

(b) Selected C shall be the real estate listed in the Appendix 2 List.

Reasons

1. Basic facts

A. On March 29, 2012, the Plaintiff is a housing redevelopment project partnership that obtained approval from the head of the Busan Metropolitan City Dong-gu Busan Metropolitan City head of the Dong-gu Busan Metropolitan Government to establish an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. The head of the Dong-gu Busan Metropolitan Government authorized the Plaintiff to implement the management and disposal plan on July 5, 2018 after the project implementation authorization was granted, and publicly notified on July 11, 2018.

C. The owners of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) did not file an application for parcelling-out within the period of application for parcelling-out, and the Defendant and the designated parties (hereinafter “Defendants”) occupy each real estate of this case.

On April 22, 2019, the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation of each of the instant real estate as of June 17, 2019. Accordingly, on June 13, 2019, the Plaintiff deposited the full amount of the compensation determined by the said ruling of expropriation with the owners of each of the instant real estate as depositee.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. The main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim provides that the owner of the previous land or structure shall not use the previous land or structure or benefit therefrom when the approval of the management and disposal plan is publicly notified.

According to the above regulations and facts, the defendants lose their right to use and benefit from the real estate of this case in accordance with the notice of the management and disposal plan for the above rearrangement project. Thus, the defendants are obligated to deliver each real estate of this case

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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