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(영문) 부산지방법원 2015.09.24 2015구합1398

경정재결취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of ruling;

(a) Outline of the project - Project name: A housing redevelopment and rearrangement project (one unit, such as Busan Southern-gu C, etc.) - Project implementer: Plaintiff - Project implementation authorization on August 16, 2007 - Public announcement of project implementation authorization on August 22, 2007: D public announcement of Nam-gu Busan Metropolitan City on August 22, 2007, and public notification E on July 9, 2014;

B. On August 19, 2013, the Plaintiff filed an application for adjudication with F, etc. (1) on August 19, 2013, the Plaintiff is a Busan metropolitan area of 389 square meters and the above ground buildings and H large 2 square meters (hereinafter “instant real estate”).

(F) The consultation period between F and F having owned the F is from August 26, 2013 to August 30, 2013; the negotiation period is from August 26, 2013 to August 30, 2013; and consultation on the acquisition of the said real estate was determined as KRW 1,386,16,055 (hereinafter referred to as “first consultation”).

(2) The Plaintiff, on December 19, 2013, proposed re-consultations on the acquisition of the instant real estate with a fixed period of consultation from December 19, 2013 to December 24, 2013, with F as KRW 1,407,126,725 (hereinafter “the second consultation”), but F deemed that the said purchase price was too underassessment, and on December 19, 2013, the Plaintiff requested the Plaintiff to file an application for adjudication with the Defendant with the content certification (hereinafter “instant application for adjudication”).

3) However, the Plaintiff, without filing an application for a ruling with the Defendant on May 7, 2014, proposed that the consultation period from May 11, 2014 to June 10, 2014 was set at KRW 1,577,201,601 as the purchase price, and that consultation on the acquisition of the instant real estate was made once more (hereinafter “third consultation”).

) The F did not accept it, and the plaintiff applied for a ruling on the acquisition of the real estate of this case to the defendant on July 11, 2014 (the written application for a ruling of this case was omitted by the plaintiff's claim for a ruling of this case).

C. Defendant’s acceptance ruling on October 13, 2014 (hereinafter “instant acceptance ruling”)

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