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(영문) 부산지방법원동부지원 2015.07.24 2014가단23364

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. Facts of recognition;

A. The Plaintiff is an association that implements a housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On November 16, 2005, the Plaintiff obtained authorization from the head of the Nam-gu Busan Metropolitan Government on the establishment of the project area with the area of 165,070 square meters which is located in the Nam-gu Busan Metropolitan City as the project area. The Defendant is the owner of real estate

B. On August 16, 2007, the Plaintiff obtained approval of a project implementation plan from the head of the Nam-gu Busan Metropolitan Government (hereinafter “the first project implementation plan”) and the said project implementation approval was publicly announced on August 22, 2007.

Since then, on May 10, 201, the plaintiff obtained approval of the management and disposal plan (hereinafter referred to as "the first management and disposal plan") from the head of the Nam-gu Busan Metropolitan Government on May 10, 2010.

C. On November 26, 2011, the Plaintiff held an extraordinary general meeting and decided to revise the project implementation plan (hereinafter “instant project implementation plan”), and the head of the Busan Metropolitan City remaining head of the Gu, on October 19, 2012, announced the change of the project implementation plan on October 24, 201.

The Plaintiff received an application for parcelling-out from October 25, 2012 to November 23, 2012, and passed a resolution on a management and disposition plan amended on January 26, 2013 (hereinafter “instant management and disposition plan”). The remaining head of the Busan Metropolitan City approved the instant management and disposition plan on April 4, 2013, and publicly notified it on April 10, 2013.

E. The Defendant is a person subject to cash settlement who did not apply for parcelling-out, and the Plaintiff applied for a ruling of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement with the Defendant on the compensation for the real estate stated in the attached Form, and the said Committee rendered a ruling of expropriation on October 13, 2014 on December 8, 2014 (hereinafter “instant ruling of expropriation”), and on October 30, 2014, the Plaintiff deposited the full amount of the said adjudication of expropriation with the Defendant as the depositee.

[Reasons for Recognition] No dispute has been raised.