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(영문) 부산지방법원 2019.12.10 2019가단309241
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

1. Facts of recognition;

A. On January 30, 2007, the Plaintiff is a housing redevelopment project partnership that obtained authorization for establishment of an association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of Busan Special Metropolitan City head of the Gu of Busan Special Metropolitan City as the project implementation district with the area of 28,597 square meters wide.

B. The head of Busan Busan District Government authorized the management and disposition plan on June 28, 2018 for the Plaintiff, and announced it on July 4, 2018.

C. The Defendant, as the owner of the real estate in the attached list located within the project zone for the above improvement project (hereinafter “instant real estate”), became a cash liquidation agent by failing to apply for parcelling-out within the period of application for parcelling-out.

On September 2, 2019, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the Defendant on September 2, 2019 by setting the compensation amount of 117,507,200 won, and the starting date of expropriation on October 28, 2019.

E. Upon the Defendant’s refusal to receive the above compensation, the Plaintiff deposited the full amount of compensation for the Defendant as Busan District Court No. 5248 in October 25, 2019.

F. The defendant occupies the real estate of this case until now.

[Reasons for Recognition] Unsatisfy, Gap 1 through 6, 8, 10 items, and the 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 a right holder, including owners, shall not use or benefit from the previous land or buildings when the approval of the management and disposal plan is publicly notified.

According to the above regulations and facts, since the defendant lost the 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, the defendant is obligated to deliver the real estate of this case to

3. As to the defendant's assertion, the defendant's defect in the process of establishing the plaintiff's association.

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