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(영문) 부산지방법원 서부지원 2018.07.03 2017가단10396
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.The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 6:

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)

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

On December 28, 2017, the Plaintiff deposited the cash settlement amount of KRW 258,460,090 to the Busan District Court’s Branch Branch of Branch of District Court.

2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to deliver the building listed in the attached list to the plaintiff, except in extenuating circumstances.

3. The defendant's ruling on acceptance of the defendant's defense, etc. is a defect that did not undergo an appraisal and the selection of reference land.

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