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(영문) 부산지방법원동부지원 2016.02.17 2015가단205378
건물퇴거
Text

1. The second floor among the real estate listed in the attached Table 1, and the second floor among the real estate listed in the attached Table 2.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is the Plaintiff’s housing redevelopment improvement project (hereinafter “instant project”) in Suwon-gu G Day, Busan.

(2) On October 29, 2014, a cooperative established for B, obtained authorization for establishment on May 26, 2008, and obtained authorization for a management and disposal plan under Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the Office of Suwon-gu Busan Metropolitan City on October 29, 2014, the above management and disposal plan was publicly announced on November 5, 2014. (2) Defendant B is the second floor among the real estate listed in the attached Table 1, Defendant C is the second floor among the real estate listed in the attached Table 2, Defendant D is the first floor among the real estate listed in the attached Table 3, Defendant E is the first floor among the real estate listed in the attached Table 4, Defendant F is the first floor among the real estate listed in the attached Table 5, the second floor indicated in the attached Table 2, and Defendant F is the lessee of the above real estate, and the owner of the real estate is not the subject to liquidation in cash.

3) The Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee on the ground that no agreement on compensation for losses between the owners of the above real estate has been reached. On September 14, 2015, the date of commencement of expropriation was October 30, 2015 by the said Land Expropriation Committee, and the Plaintiff, a project implementer, accepted the above real estate within the project zone for the instant rearrangement project and paid compensation to the owners thereof. (iv) The Plaintiff deposited each compensation for losses to the owners of the above real estate on October 22, 2015 according to the said adjudication of expropriation.

5) On December 17, 2015, the Plaintiff deposited KRW 5,780,072 with the Busan District Court Branch of the Dong Branch of the Busan District Court as the principal deposit in Busan District Court for the reason that Defendant C refuses to receive the compensation for resettlement (resident relocation expenses). [Grounds for recognition] Evidence No. 1, 2, and 3 (including each number), and the evidence No. 4, 780,072 (including each number), respectively.

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