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(영문) 부산지방법원서부지원 2017.10.13 2017가단104055
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. Basic facts

A. The Plaintiff was a cooperative established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) in the Seo-gu Busan Metropolitan City, Seo-gu, Busan, including real estate listed in the attached list (hereinafter “instant real estate”), and was authorized by the head of the Gu of Busan Metropolitan City on March 2, 2016 by the management and disposal plan for the instant redevelopment project, and the said authorization was publicly notified at that time.

B. The defendant is the owner of the real estate listed in the attached list, who is subject to cash settlement in the redevelopment project of this case, and currently occupies the above real estate.

C. The Plaintiff filed an application for adjudication to expropriate the instant real estate with the competent Regional Land Expropriation Committee, which did not reach an agreement with the Defendant. On April 10, 2017, the said Expropriation Committee decided that the instant real estate shall be expropriated, but the compensation for losses shall be KRW 166,310,490 (land and obstacles), and the date of commencement of expropriation shall be June 2, 2017.

On June 1, 2017, the Plaintiff deposited the full amount of the compensation for losses with the Busan District Court’s Branch Branch Decision No. 535 in 2017.

E. After the above repayment deposit, the Plaintiff completed the registration of transfer of ownership in the name of the Plaintiff based on expropriation.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 through 5, the purport of whole pleading

2. Determination

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), where a management and disposal plan is authorized and the public notice thereof is made, a right holder, such as the owner of the previous land or structure, shall not use or benefit from the previous land or structure until the public notice of relocation is given under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents: Provided, That this shall not apply to a right holder whose compensation for losses under the Act on the Acquisition of Land, etc.

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