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(영문) 부산지방법원 서부지원 2021.02.18 2020가단113196
건물인도
Text

The Plaintiff

A. Defendant B: (a) the real estate in Schedule 1 attached hereto;

B. Defendant C shall respectively engage in the re-real estate listed in Appendix 2 attached hereto.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and improvement project partnership that obtained authorization for the establishment of the partnership on January 19, 2007 for the purpose of implementing the housing redevelopment and improvement project (hereinafter “instant project”) with respect to the area of 61,795 square meters in Busan Seo-gu D.

B. On May 31, 2019, the Plaintiff obtained approval of the management and disposal plan concerning the instant project from the head of the Gu of the Busan Metropolitan City, and the head of the Busan Metropolitan City’s ideology was publicly notified as E on June 5, 2019 by the head of the Gu of the Busan Metropolitan City.

(c)

The Defendants are the owners of each real estate in the attached list 1, 2 in the instant project zone. Defendant B owned and used each real estate in the attached list 1, 2, and Defendant C occupied and used each real estate in the attached list 2, and the Defendants became subject to cash liquidation because they did not apply for the application for parcelling-out to the Plaintiff within the period of application for parcelling-out.

(d)

The Plaintiff, while holding a compensation consultation with the Defendants on each of the instant real estate (including each site) in attached Tables 1 and 2, agreed upon the agreement, applied for a ruling on expropriation of each of the said real estate to the Busan Metropolitan City Local Land Expropriation Committee on March 24, 2020.

E. On September 21, 2020, the Busan Metropolitan City Local Land Expropriation Committee rendered a ruling of expropriation on November 16, 2020 (hereinafter “instant ruling”) with respect to each real estate (including each site) in the attached Tables 1 and 2 as of September 21, 2020, and the Plaintiff deposited the compensation for expropriation on November 13, 2020 as follows.

- Defendant B: 392,871,900 won; 2323 gold of 2020 Busan District Court Branch; Defendant C: 170,449,500 won; 238 of gold of 2020 [founded grounds] did not dispute; Party A’s entries in evidence of subparagraphs 1 through 13 (including number); the purport of the entire pleadings

2. The assertion and judgment

A. According to the main text of Article 81(1) and Article 81(2) of the Act on the Maintenance of Urban Areas and Residential Environments (hereinafter “Urban Areas and Dwelling Conditions Act”), determination of the cause of the claim shall be based on the provisions of Article 78 of the Act on the Maintenance of Urban Areas and Dwelling Conditions.

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