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(영문) 부산지방법원 2017.03.24 2016구합24510

이주정착금 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

(a) Outline of the rearrangement project - Project name: H housing redevelopment and rearrangement project (hereinafter referred to as “instant rearrangement project”): Defendant - Project site: The date of public inspection and announcement of the rearrangement plan: - The first project implementation authorization on January 3, 2008 - the first project implementation authorization on January 9, 2013 (Notice of Seo-gu Busan Metropolitan City) - the project implementation authorization on September 17, 2014 (Public Notification of Seo-gu Busan Metropolitan City)

B. On April 21, 2016, the Defendant filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee on its land, etc. on April 21, 2016, which did not reach an agreement on the amount of compensation with the owners of the instant project zone, and the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on June 20, 2016 on the commencement date of expropriation on August 12, 2016.

C. The plaintiffs 1) since March 27, 2003, the plaintiff A, B, and C are above ground buildings (hereinafter "the building of this case") belonging to the project area of this case, including Busan Seo-gu L.

(2) The plaintiff D, E, F, and G are residing in the second floor from October 2003 to October 2003, the third floor and fourth floor of the building of this case. 2) The plaintiff A and B are married with each other, and the plaintiff C are their children, and the plaintiff D and E are married with each other, and the plaintiff F and G are married with their children.

3) The instant building was owned by the deceased M, and the ownership of the instant building was transferred to N due to inheritance by agreement division on December 22, 2015. Meanwhile, the Plaintiff A and D are deceased M and N’s daughters. 【No dispute arising in recognition”, “A-1 through 3, and Nos. 9 (including each number; hereinafter the same shall apply).

No. 1 and the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. 1) The plaintiffs' assertion 1) since they were the tenants of the building of this case due to the implementation of the improvement project of this case, the defendant is obligated to move to the plaintiffs.