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(영문) 부산지방법원 2018.02.22 2017가단25037

건물인도

Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list.

Costs of lawsuit shall be borne individually by each person.

Paragraph 1.

Reasons

Facts of recognition

The Plaintiff was established for the purpose of implementing a housing redevelopment improvement project (hereinafter “instant project”) in the area of 62,450 square meters in Young-gu, Busan Metropolitan City (hereinafter “instant project area”) and was authorized by the head of Yeongdeungpo-do, Busan Metropolitan City (hereinafter “the head of Yeongdeungpo-do”) on December 27, 2007. The Defendant is the owner of the real estate in the attached list in the instant project area (hereinafter “instant real estate”).

The progress of the designation of the head of the Gu/Si/Gun improvement zone and approval of a project implementation plan for the project of this case is as follows.

On November 14, 2007, the Minister of Land, Infrastructure and Transport notified a rearrangement zone designation and a rearrangement zone designation (within four years from the date of public notification of designation of a rearrangement zone) on October 27, 2010 (within four years from the date of public notification of designation of a rearrangement zone) on March 9, 201 (within four years from the date of public notification of designation of a rearrangement zone), the approval of a project implementation plan on September 2, 2015 (within four years from the date of authorization of the implementation of a rearrangement zone: the date of public notification of designation of a rearrangement zone) and public notification of designation of a rearrangement zone (within four years from the date of public notification of designation of a rearrangement zone): The Plaintiff did not notify its members, including the Defendant, of the period of application for parcelling-out on February 15, 2016 to March 25, 2016 (within six years from the date of public notification of designation of a rearrangement zone).

The Plaintiff, including the Defendant, excluded the owners of land, etc. who did not apply for a parcelling-out from the partnership members, applied for authorization for the management and disposal plan to the head of Yeongdeungpo-do, and the head of Young-do, on July 26, 2016, approved the management and disposal plan by the Defendant and announced it on August 3, 2016.

The plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement with the defendant on compensation, and the above Expropriation Committee on August 21, 2017.