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(영문) 부산지방법원 서부지원 2018.07.10 2018가단1702
건물인도
Text

1. The defendant shall leave the building indicated in the attached list to the plaintiff.

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

3...

Reasons

1.The following facts of recognition may be found in each entry in Gap evidence Nos. 1 to 7 (including those with serial numbers) together with the whole purport of the pleadings:

The Plaintiff is a housing redevelopment improvement project partnership which was authorized by the head of the Busan Metropolitan City Council on September 14, 2006 to implement a housing redevelopment project under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) on the land size of 43,915,2 square meters in Seo-gu Busan Metropolitan City on January 23, 2009 (the Busan Metropolitan City public notice No. 4429, Feb. 4, 2009) and obtained approval for the project implementation plan on June 20, 2014.

On June 25, 2014, Busan Metropolitan City Public Notice E. b.

The Plaintiff established a management and disposition plan around March 20, 2016 (hereinafter referred to as “instant management and disposition plan”) and obtained authorization from the head of the Busan Metropolitan City Council from the head of the Gu on May 19, 2016.

on May 25, 2016, the Busan Metropolitan City Public Notice of the Organization (F). (c)

Nonparty G owned a building listed in the attached list (attached Form drawings) in the above improvement zone and became a cash liquidationist because the Plaintiff did not apply for parcelling-out within the period of application for parcelling-out implemented by the Plaintiff Union. On November 20, 2017, the Busan Regional Land Tribunal made a ruling to expropriate land, etc. as of January 5, 2018 (hereinafter “instant ruling of expropriation”).

On December 28, 2017, the Plaintiff deposited KRW 36,314,170 of the cash settlement money according to the above expropriation ruling to the Busan District Court Seo branch depository.

E. The defendant asserts that he leased the building indicated in the attached list from G, and occupies the above building.

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to leave the building as stated in the attached list to the plaintiff.

3. Conclusion.

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