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(영문) 부산지방법원서부지원 2020.12.23 2019가단112593
건물인도
Text

1. The Plaintiff, Defendant B, the real estate listed in the attached Table 1, Defendant C, the real estate listed in the attached Table 2, and Defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association that promotes a housing redevelopment project (hereinafter “instant redevelopment project”) in the city located in Seo-gu, Busan pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On September 13, 2005, the Plaintiff obtained the establishment authorization from the head of the Busan Metropolitan Government office from the head of the Gu, and thereafter, the Plaintiff was authorized to implement the instant redevelopment project on July 7, 2006, but was suspended without implementing the redevelopment project, and was approved for the change of the project implementation plan on August 22, 2018, and was subject to the approval of the management and disposal plan on August 14, 2019, and was publicly notified on August 21, 2019.

C. The Defendants are tenants who leased each of the real estate listed in the separate sheet in the project implementation district of the instant redevelopment project. Defendant B is possessing and using each of the real estate listed in the separate sheet No. 1, Defendant C is the real estate listed in the separate sheet No. 2, Defendant D is the real estate listed in the separate sheet No. 3, Defendant E is the real estate listed in the separate sheet No. 4, and Defendant F is the real estate listed in the separate sheet No.

The plaintiff was adjudicated to expropriate on November 16, 202 by the local land expropriation committee of Busan Metropolitan City on November 16, 2020, and deposited the compensation for expropriation as follows on October 29, 2020.

- Defendant B: 3,450,000 won of compensation (No. 2014 of 2020): Defendant C: 58,038,630 won of compensation (No. 1920 of 200 of 2020 administrative branch office of Busan District Court) - Defendant D: 41,438,630 won of compensation (No. 2017 of 2020 of 200 administrative branch office of Busan District Court) - Defendant E: 36,738,630 won of compensation (No. 1976 of 2020 administrative branch office of Busan District Court) - Defendant F: 1,70,00 won of compensation (No. 1974 of 2020 of 200 administrative branch office of Busan District Court) / [Recognizing the grounds / [Article 1970] of the entire pleadings

2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim, a management and disposal plan is authorized.

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