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(영문) 부산지방법원 2019.05.29 2018가합47277

부동산 인도

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1. The Defendants shall deliver each of the real estate listed in the separate sheet No. 1 to the Plaintiff.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of removing buildings and constructing a new building on a site in the project area (hereinafter “instant project area”) with the land size of 66,625.7 square meters in Busan-gu, Busan-gu, Busan-do, and obtained authorization for establishment from the head of Busan-gu, Busan-gu, Busan-do on February 12, 2008. The Defendants are tenants who own each of the pertinent real estate in the attached Table 1 list located in the instant project area or leased real estate from the members of the association. (B) On May 25, 2009, the Plaintiff is a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) within the instant project area from the head of Busan-gu, Busan-do, on May 25, 2009.

(2) On December 29, 2016, the Plaintiff obtained the project implementation authorization for the instant improvement project from the head of the Busan District Office, and the head of the Busan District Office announced the changed project implementation authorization on January 4, 2017.

3) Meanwhile, on March 3, 2017, the Plaintiff received the application for parcelling-out from March 3, 2017 to April 5, 2017 when publicly announcing the application for parcelling-out by the members for parcelling-out as to the instant improvement project, and thereafter received the application for parcelling-out by extending the period for parcelling-out from April 6, 2017 to April 25, 2017. 4) The Defendants holding the relevant real estate as specified in the attached Table 1 list submitted the application for parcelling-out to the Plaintiff within the said period for parcelling-out.

5) On March 27, 2018, the Plaintiff received an administrative disposition plan from the head of Busan District Office, and the head of Busan District District Office publicly announced the plan on April 4, 2018. (c) The Plaintiff notified the Plaintiff of the period of resettlement and the period of resettlement from May 28, 2018 to August 28, 2018, the Plaintiff notified its members and tenants of the submission of a resettlement plan and the submission of relocation expenses.

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