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(영문) 부산지방법원동부지원 2015.06.25 2014가단24473

건물인도

Text

1. The Defendants shall deliver the building indicated in the attached Form to the Plaintiff.

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

3...

Reasons

1. The following facts are acknowledged according to the contents of Gap evidence Nos. 1 and 6 and the purport of the whole pleadings.

A. The Plaintiff is an association that implements a housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On November 16, 2005, the Plaintiff obtained authorization from the head of the Nam-gu Busan Metropolitan Government on the establishment of the project zone with the area of 165,070 square meters located in Nam-gu Busan Metropolitan City as the project zone. The Defendants are co-owners of the attached real estate located in

B. On August 16, 2007, the Plaintiff obtained approval of a project implementation plan from the head of the Nam-gu Busan Metropolitan Government (hereinafter “the first project implementation plan”) and the said project implementation approval was publicly announced on August 22, 2007.

Since then, on May 10, 201, the plaintiff obtained approval of the management and disposal plan (hereinafter referred to as "the first management and disposal plan") from the head of the Nam-gu Busan Metropolitan Government on May 10, 2010.

C. On November 26, 2011, the Plaintiff held an extraordinary general meeting and decided to revise the project implementation plan (hereinafter “instant project implementation plan”), and the head of the Busan Metropolitan City remaining head of the Gu, on October 19, 2012, announced the change of the project implementation plan on October 24, 201.

The Plaintiff received an application for parcelling-out from October 25, 2012 to November 23, 2012, and passed a resolution on a management and disposition plan amended on January 26, 2013 (hereinafter “instant management and disposition plan”). The remaining head of the Busan Metropolitan City approved the instant management and disposition plan on April 4, 2013, and publicly notified it on April 10, 2013.

E. The Defendants were eligible for cash settlement without filing an application for parcelling-out, and the Plaintiff filed an application for expropriation with the competent Regional Land Tribunal of Busan Metropolitan City, which did not reach an agreement with the Defendants on compensation for the real estate stated in the attached Form. The said Committee set forth the compensation for losses on October 13, 2014 (the site KRW 109,704,750, and KRW 59,710,580, and the date of commencement of expropriation as of December 8, 2014.