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(영문) 부산지방법원 서부지원 2021.01.28 2020가단113189
건물인도
Text

Defendant B, Defendant C, Defendant C, and Defendant D, respectively, have the real estate in the attached Table 1 attached hereto, the real estate in the attached Table 2.

Reasons

Basic Facts

The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter referred to as the “Act on the Maintenance and Improvement of Urban Areas”) to implement a housing redevelopment and improvement project (hereinafter referred to as the “maintenance Project”) with the area (hereinafter referred to as the “instant project area”) of the F1,795 square meters in Busan, Seo-gu, Busan.

On August 5, 2008, the Plaintiff obtained business authorization from the head of the Gu of Busan.

The approval of the implementation of the above project was announced on August 13, 2008.

On May 31, 2019, the Plaintiff was approved by the head of the Gu for the administrative disposition plan.

The management and disposal plan was announced on June 5, 2019.

The Defendants were the owners of each real estate listed in the separate sheet in the project zone of this case, and were subject to cash settlement because they did not file an application for parcelling-out, and possessed the real estate listed in the separate sheet.

On June 2019, the Plaintiff publicly announced an indemnity plan under Article 15 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter referred to as “Public Interest Business”) to persons subject to cash clearing including the Defendants, and notified the Defendants of an individual indemnity plan and sent a written notice requesting consultation to the Defendants for consultation, but did not reach an agreement with the Defendants.

Accordingly, on March 2020, the plaintiff applied for the adjudication of expropriation to the Busan Metropolitan City Local Land Expropriation Committee.

On September 21, 2020, the Busan Metropolitan City Local Land Expropriation Committee made a ruling on expropriation on November 16, 2020 with respect to land and buildings owned by those subject to cash clearing, including the Defendants, (e.g., obstacles).

On November 6, 2020, the Plaintiff deposited KRW 510,916,830 for Defendant B, KRW 232,528,460 for Defendant C, KRW 241,154,50 for Defendant D, and KRW 299,565,290 for Defendant E, respectively.

The plaintiff on December 1, 2020.

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