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(영문) 부산지방법원 2016.04.06 2015나44776

건물인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 16, 2005, the Plaintiff is a housing redevelopment and rearrangement project association established with the approval of the head of the Nam-gu Busan Metropolitan Government in order to implement a housing redevelopment project in the area of 165,070 square meters in the Nam-gu Busan Metropolitan City, the Plaintiff established a project implementation plan on August 16, 2007 (hereinafter “the first project implementation plan”) and obtained approval from the head of the Nam-gu Busan Metropolitan City, the Plaintiff established a management and disposal plan based on the application for parcelling-out from members, and was authorized by the head of the Nam-gu Busan Metropolitan Government (hereinafter “the first management and disposal plan”).

B. The first project implementation plan was officially announced on May 26, 201 and October 19, 2012 (hereinafter “instant project implementation plan”), and the scale of apartment houses, total floor space, and number of households by house type were changed compared to the first project implementation plan (hereinafter “instant project implementation plan”).

C. After the approval of the instant project implementation plan, the Plaintiff established a management and disposal plan by receiving applications for parcelling-out from the members of the association, and passed a resolution at the general meeting on January 26, 2013, and the remaining head of the Busan Metropolitan City approved the amendment of the above management and disposal plan on April 4, 2013 (hereinafter “instant management and disposal plan”), which was publicly notified on April 10, 2013.

Meanwhile, when formulating the instant management and disposal plan, the Plaintiff used the appraised value of the previous asset price as of August 22, 2007, which was the date of the first public notice of project implementation authorization.

E. The Defendant is the owner of the building in the attached Form located within the redevelopment and improvement project zone of the instant housing (hereinafter “instant building”) who has not filed an application for parcelling-out, but failed to do so.

The Plaintiff made 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 of the instant building.