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(영문) 부산지방법원 2018.04.25 2017나53477

소유권말소등기

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1. The plaintiffs' appeal and the plaintiff B's claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Defendant is a housing redevelopment and rearrangement project association whose business area covers 232,885 square meters in Busan Dong-gu, Busan Metropolitan City, which is a housing redevelopment and rearrangement project association that is located in the area of Do-dong-gu, and in order from the head of the same Gu, obtained authorization for the establishment of the association on April 28, 2006; the authorization for the implementation of the project on May 13, 2010; and the approval for the management and disposal plan on July 20, 2015.

B. The Plaintiff A was the owner of each real estate listed in paragraph 1 of the attached Table 1 located within the Defendant’s Housing Redevelopment Improvement Project Zone (hereinafter “project zone”), and the Plaintiff B was the owner of each real estate listed in paragraphs 2 through 4 of the attached Table 2 within the above project zone. The Plaintiff became subject to cash settlement because it did not apply for parcelling-out within the period of

C. The Defendant applied for adjudication of expropriation to the Busan Metropolitan City Regional Land Tribunal, which did not consult with the Plaintiffs on compensation.

On February 20, 2017, the above confinement committee accepted each real estate listed in the separate sheet as compensation for losses, and in the case of the plaintiff A, 244,303,250 won for the real estate listed in the separate sheet No. 1, and in the case of the plaintiff B, 387,003,700 won including each real estate listed in the separate sheet No. 2 through No. 4, and other obstacles, and the commencement date of expropriation shall be May 4, 2017 (hereinafter referred to as "the instant confinement ruling").

On April 7, 2017, the Defendant deposited KRW 244,303,250 as the depositee in Busan District Court Decision No. 2341 in 2017, and KRW 387,003,70 as the depositee in Busan District Court Decision No. 2349 in 2017.

E. Thereafter, on the ground of expropriation on May 4, 2017, the Busan District Court received on May 16, 2017 as to the real estate stated in paragraph (1) of the Attached List No. 28922, and as to the real estate listed in paragraph (2) of the Attached List No. 32343, May 31, 2017, and as to each real estate listed in paragraphs 3 and 4 of the Attached List No. 28894, May 16, 2017, the Busan District Court received on May 16, 2017.