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(영문) 부산지방법원 2017.01.19 2016가단34553
건물인도
Text

1. The Defendants shall deliver the building indicated in the attached Form to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant rearrangement project”) with the Seo-gu Busan District as a project implementation district of the Seo-gu.

B. On March 18, 2015, the Plaintiff obtained authorization from the head of Busan Seo-gu on the management and disposal plan concerning the instant improvement project pursuant to Article 49(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and the head of the Busan Seo-gu announced the said authorization pursuant to Article 49(3) of the Urban Improvement Act on March 25, 2015.

After that, the Plaintiff obtained an amendment to the management and disposition plan on February 26, 2016, and on March 2, 2016, the head of the Busan Seo-gu announced the amendment.

C. The Defendants are co-owners (Defendant B 3/13 and the remaining Defendants 2/13 shares) of the attached building located within the said project implementation district (hereinafter “instant building”), who became a cash liquidation as they did not apply for parcelling-out to the Plaintiff within the period of application for parcelling-out, and they possess the instant building as of the date of closing argument.

On June 20, 2016, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the pertinent building and site as KRW 229,804,910 on the date of expropriation on August 12, 2016. On July 28, 2016, the Plaintiff deposited KRW 229,804,910 in sum with the amount of KRW 6375 through 6380, Busan District Court deposited the Defendants as the principal deposit, on the ground that the Defendants refused to receive the compensation prescribed in the instant adjudication on expropriation.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6 (including branch numbers, if any) and the purport of whole pleadings

2. Determination

(a) When an approval of the management and disposal plan provided for in Article 49(3) of the Act on the Determination of the Facts of causes for claims is publicly notified, the use and profit-making by right holders, such as the owners, superficies, persons having superficies, persons having chonsegwon, and lessees of the previous land or buildings, shall be made pursuant to

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