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(영문) 부산지방법원 2019.11.21 2019가단308552
건물명도(인도)
Text

1. The Plaintiff, Defendant B, and Defendant C, respectively, have the entire five floors among the above real estate.

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 Busan Special Metropolitan City, which designates the area of 28,579m2 as the project implementation district.

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. Defendant B, as the owner of the real estate indicated in the attached list (hereinafter “instant real estate”), did not file an application for parcelling-out within the period of application for parcelling-out, and Defendant C (hereinafter “Defendant C”) leased, occupied, and used the entire five floors of the instant real estate from Defendant B.

On the other hand, on October 28, 2019, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant real estate on September 2, 2019, and pay KRW 1,151,216,410 in total, and KRW 25,500,00 in total, compensation for business licenses to E, the representative of the Defendant Corporation, respectively.

On October 16, 2019, the Plaintiff deposited KRW 1,106,575,450, and KRW 25,500,000, respectively, with Defendant B as a depositee, except for the portion of national taxes seized in the compensation for losses as prescribed by the instant adjudication.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim and the relevant laws and regulations, the Defendants lost their respective rights to use and benefit from the five floors among the instant real estate and the instant real estate. Thus, barring any special circumstance, Defendant B is obligated to deliver the entire five floors among the instant real estate, and Defendant B is obligated to deliver the entire five floors among the instant real estate.

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