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1. The Plaintiff:
A. Defendant B: The real estate listed in the Appendix 1 list;
B. Defendant C shall provide the real estate listed in the Appendix 2 list.
Reasons
1. Facts of recognition;
A. The Plaintiff is a housing redevelopment and consolidation project partnership with approval granted by the head of Busan Metropolitan Government on January 30, 2007 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the area of 28,597 square meters located in Busan Jin-gu D, Busan Metropolitan City (hereinafter “instant project”).
B. Defendant B is the owner of the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) located within the instant project zone, who has failed to apply for parcelling-out within the period of application for parcelling-out, and Defendant C is occupying and using the real estate listed in the separate sheet No. 2, which is part of the instant real estate from Defendant B (hereinafter “instant work site”).
C. On June 28, 2018, the head of Busan District Government authorized the Plaintiff’s management and disposition plan, and announced it on July 4, 2018.
On September 2, 2019, the Busan Metropolitan City Regional Land Expropriation Committee decided to expropriate the instant real estate on October 28, 2019. On October 23, 2019, the Plaintiff deposited KRW 89,587,850 as a depositee, and KRW 51,580,000 as compensation for losses (land and obstacles) due to the above adjudication of expropriation.
E. In addition, on November 4, 2019, the Plaintiff deemed that Defendant B constituted a person eligible for resettlement funds, relocation expenses, and compensation for directors’ expenses, and deposited KRW 22,648,828,828 of the total sum of KRW 12,00,000,00 for resettlement funds calculated under Article 78(1) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Land Compensation Act”) and Article 41 of the Enforcement Decree of the same Act and Articles 53, 54, and 55 of the Enforcement Rule of the same Act.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 15, purport of the whole pleadings
2. Determinations on the cause of the claim; and