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(영문) 부산지방법원 2018.11.01 2018가단10612
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. Basic facts

A. On June 29, 2005, the Plaintiff obtained approval for the establishment of a housing redevelopment improvement project (hereinafter “instant project”) from the head of Busan Metropolitan Government on June 29, 2005 (hereinafter “the head of Seojin-gu”) with the business area of 58,113 square meters in Busan Seo-gu, Busan Metropolitan City as its business area.

B. The Defendant is the owner of the building in the attached Form (hereinafter “instant building”) in the instant project zone.

C. On April 13, 2017, Busan Jin-gu Office authorized the Plaintiff’s management and disposition plan, and announced it on April 19, 2017.

On June 4, 2018, the Busan Metropolitan City Regional Land Tribunal decided the commencement date of expropriation on July 25, 2018 and rendered a ruling of expropriation against the defendant.

E. On July 19, 2018, the Plaintiff deposited KRW 465,006,780 in the Defendant’s future, and deposited the full amount of compensation for losses under the above confinement ruling.

[Ground of recognition] Unsatisfy, each entry of Gap1-5 evidence (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) where a duty to deliver a building arises, when a management and disposal plan is authorized and publicly announced, the owner, superficies, leasee, and lessee of the previous land or building may not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54 of the same Act, and the project implementer may use or profit from the previous land or building (see, e.g., Supreme Court Decision 2012Da62561, 62578, Jul. 24, 2014). According to the foregoing facts, the head of Busan-do government announced the approval of the management and disposal plan on April 19, 2017.

B. The defendant's assertion is determined before the plaintiff has reached an agreement or acceptance procedure in accordance with the former Urban Improvement Act.

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