beta
(영문) 부산지방법원 2017.12.06 2017가단309520

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the attached Table 1 list;

B. Defendant C is a building listed in the separate sheet No. 2. C.

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 E-gu Busan Metropolitan City E (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. Defendant B is the owner of each building listed in the attached Table 1 list, Defendant C is the building listed in the attached Table 2 list, and Defendant D is the owner of each building listed in the attached Table 3 list, and each of the above buildings is within the instant redevelopment project zone, and the Defendants did not apply for the entire application for the sale.

On February 20, 2017, the Busan Metropolitan City Regional Land Tribunal rendered a ruling to expropriate each building listed in the separate sheet (hereinafter “instant ruling”) on May 4, 2017, the date of expropriation. On April 25, 2017, the Plaintiff deposited KRW 261,918,180 to Defendant B, KRW 14,654,490 to Defendant C, and KRW 281,373,550 to Defendant D.

[Basis] Evidence No. 1, Evidence No. 2, Evidence No. 3-1, 2, 3, and Evidence No. 5, and the purport of the whole pleadings

2. The Defendants asserted that, even though F was elected as the president of the Plaintiff’s association and reappointed after the expiration of the term of office, it is not possible to represent the Plaintiff by misrepresenting the Plaintiff’s false academic background in the election of the president of the association. Thus, the instant lawsuit is unlawful as it was filed by a person without the power of representation.

Even according to the above argument, F is reappointed by being elected as the president of the Plaintiff’s association.