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(영문) 부산지방법원동부지원 2015.06.24 2014가단23920

건물인도

Text

1. Defendant B delivers to the Plaintiff the real estate listed in the attached list, and Defendant C is among the real estate listed in the attached list.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act").

(2) On November 16, 2005, the head of the Nam-gu Busan Metropolitan Government (hereinafter “Seoul Metropolitan Government”) obtained authorization to implement a housing redevelopment improvement project as an association that implements the housing redevelopment project, and the head of the Nam-gu Busan Metropolitan City (hereinafter “Seoul Metropolitan Government”) obtained authorization to establish the project area with D 165,070 square meters located in the project area. Defendant B is the owner of the real estate indicated in the attached Table located in the project area. Defendant C is the occupant of the first floor among the above real estate. Defendant C is the occupant of the first floor. Defendant C was authorized to implement the project plan (hereinafter “the first project implementation plan”). The above project implementation authorization was announced on August 22, 2007 by the head of the Nam-gu Busan Metropolitan City on May 10, 2010, and was authorized to implement the management and disposal plan (hereinafter “the first management and disposal plan”).

3) Since November 26, 2011, the Plaintiff held an extraordinary general meeting on November 26, 201 and decided to revise the project implementation plan (hereinafter the above changed project implementation plan is referred to as “instant project implementation plan”).

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

5) Defendant B is a person subject to cash settlement who did not apply for an application for parcelling-out to the Plaintiff, and the Plaintiff applied for an expropriation ruling to the Busan Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement on the compensation with Defendant B. On October 13, 2014, the said Committee rendered a ruling of expropriation on December 8, 2014 by setting the commencement date of expropriation as the date of December 8, 2014 (hereinafter “instant adjudication of expropriation”).

(2) On October 1, 2014, the Plaintiff (hereinafter “Plaintiff”).