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(영문) 부산지방법원 2017.01.12 2016가단34829
건물인도
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C is a building listed in the attached list.

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 Metropolitan City, the head of the Busan Metropolitan City administrative disposition plan was issued on February 26, 2015 by the head of the Gu, and the head of the Seo-gu Busan Metropolitan City publicly notified the above administrative disposition plan on March 2, 2015.

B. Defendant B is the owner of the building indicated in the attached list included in the improvement zone of the project, who has not applied for a parcelling-out, and Defendant C is the owner of the building indicated in the attached list in the attached list in order to connect each point of 2, 3, 4, 5, 9, and 2 among the buildings indicated in the attached list.

Part 24.75 square meters are lessees.

C. On June 20, 2016, the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on June 20, 2016, with compensation of KRW 204,96,300 for the above building, KRW 1,610,00 for the relocation of the facility to Defendant C, and August 12, 2016 for the commencement date of expropriation, and the Plaintiff thereafter rendered the ruling of expropriation on July 28, 2006.

8.3. Defendant C deposited the full amount of the above compensation.

[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 right to the previous land or buildings, persons having right 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 right holders, such as owners, etc. of the previous land or buildings shall be suspended, and the project implementer may use or benefit from the former land or buildings (see Supreme Court Decision 2009Da53635, May 27, 2010).

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