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(영문) 부산지방법원 2017.12.06 2016가단322106

건물명도

Text

1. The Plaintiff:

(a) Defendant B, C, D, E, I, J, and K deliver buildings listed in the Schedule of Annex I;

B. Defendant F, G, and H.

Reasons

1. Factual basis

A. The Plaintiff obtained authorization for the establishment of a housing redevelopment project (hereinafter “instant redevelopment project”) within the zone of the Busan East-gu L-gu Busan Metropolitan City L (hereinafter “instant redevelopment project”) on April 28, 2006 from the head of the Dong-gu Busan Metropolitan City, which was approved on May 12, 2010, and the project implementation plan was approved on August 29, 2014. Based on this, the Plaintiff obtained application for parcelling-out.

B. On July 20, 2015, the Plaintiff received the approval of the management and disposal plan from the head of the Dong, and the head of Dong/Dong publicly notified the approval of the management and disposal plan on July 29, 2015.

C. The buildings listed in the attached Table 1 list within the instant redevelopment project zone were owned by Defendant B, C, D, and N, and Defendant E owned 1/7 shares, and Defendant E owned 2/7 shares, but the application for parcelling-out was filed by Defendant B, C, D, E, and N, but did not apply for parcelling-out as to the shares owned by M.

On the other hand, after the death of August 16, 1984, M succeeded to Defendant B, I, K, andO, P, Q, R, and N. After the death of R and N, the above siblings succeeded to the status of the wife and children of Defendant J, C, and D.

The buildings indicated in the attached Table 2 list within the instant redevelopment project zone are owned by Defendant F 4/10, Defendant G and H, respectively, 3/10 shares, and all application for parcelling-out was not made.

E. On February 20, 2017, the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling to expropriate each building listed in the separate sheet on May 4, 2017, the date of expropriation. On May 1, 2017, the Plaintiff deposited KRW 109,254,940 to Defendant B, C, D, I, J, K, and P, as its heir, for the portion of 1/7 of the building listed in the separate sheet No. 1 of the net M on May 1, 2017, and deposited KRW 268,705,390, and KRW 201,528,970, respectively, to Defendant G and H on April 25, 2017.

[Based on recognition] between the Plaintiff and Defendant C, F, G, H, I, and J: The written evidence No. 1 to No. 6, respectively.