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(영문) 부산지방법원 서부지원 2018.05.18 2018가단102346
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. On January 21, 2008, the Plaintiff is a housing redevelopment and rearrangement project partnership established with authorization from the head of the Busan Metropolitan City office on January 21, 2008 for the implementation of the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”). The Defendant is a person who owns real estate listed in the separate sheet (hereinafter “instant building”) within the instant rearrangement project zone and is subject to cash liquidation, and is currently possessing the instant building.

B. On December 27, 2016, the Plaintiff: (a) held a general meeting on December 27, 2016 to resolve the draft management and disposition plan; and (b) applied for the approval plan; and (c) on February 9, 2017, the said approval was publicly notified on February 10, 2017 by the head of the Gu.

C. On February 12, 2018, the Plaintiff filed an application with the competent local Land Tribunal for adjudication of expropriation, the Plaintiff filed an application with the Defendant for adjudication of expropriation. On February 12, 2018, the said Committee rendered a judgment stating that “The instant building is expropriated, but the compensation for losses is KRW 19,189,850 (the site) and the commencement date of expropriation shall be April 9, 2018.”

On April 3, 2018, the Plaintiff deposited the full amount of the compensation for losses with the Busan District Court’s Branch Branch Branch Decision No. 550 in 2018.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 15 (including virtual numbers) and the purport of the whole pleadings

2. Determination

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”) shall not use or benefit from the previous land or buildings until the date of public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Areas and Dwelling Conditions for Residents”). Provided, That it shall be governed by the Act on the Acquisition of Land,

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