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(영문) 부산지방법원 2017.02.09 2016가단35099
건물인도
Text

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

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

3...

Reasons

1. Basic facts

A. Upon receipt of an authorization to implement a housing redevelopment project on December 28, 2012 (public notice on January 9, 2013), the Plaintiff is a housing redevelopment project partnership that implements a housing redevelopment project in the area of 43,872 square meters in Seo-gu, Seo-gu, Busan. Upon receipt of an approval to implement the housing redevelopment project, the Plaintiff was subject to an approval to implement the management and disposal plan on March 18, 2015 from the head of the Busan Metropolitan City, and the head of the Seo-gu Busan Metropolitan City publicly notified of the approval to implement

B. The defendant is the owner of a building listed in the attached list included in the improvement zone of the project, but has not filed an application for parcelling-out.

C. On June 20, 2016, the Busan Metropolitan City Regional Land Expropriation Committee: (a) decided on June 20, 201 to the Defendant for compensation of KRW 135,63,500 for the above building; and (b) decided on August 12, 2016 for expropriation; and (c) on July 28, 2006, the Plaintiff deposited the full amount of the said compensation to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of the management and disposal plan is publicly announced, the owners, superficies, persons having rights to the previous land or buildings, persons having rights to lease, lease, lease, etc. shall not use or benefit from the previous land or buildings until the date of the public announcement of transfer under Article 54.” Thus, when the approval of the management and disposal plan is publicly announced, the use or benefit of the owners, etc. of the previous land or buildings shall be suspended, and the project implementer shall allow the use or benefit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Defendants who lost the right to use or benefit from the above management and disposal plan shall deliver the building recorded in the attached

The defendant asserts that the compensation for loss has not been completed, and Article 49 of the Act on the Maintenance of Urban Areas.

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