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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is an association that implements a housing redevelopment improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. On November 16, 2005, the Plaintiff obtained authorization from the head of Nam-gu Busan Metropolitan Government on the establishment of a business area with the area of 165,070 square meters which is located in the Nam-gu Busan Metropolitan City, Busan, as an association.
B. On August 16, 2007, the Plaintiff obtained approval of a project implementation plan from the head of the Nam-gu Busan Metropolitan Government, and the said project implementation approval was publicly announced on August 22, 2007.
Since then, on May 10, 201, the plaintiff obtained approval of the management and disposal plan from the head of the Nam-gu Busan Metropolitan Government on May 10, 2010.
C. On November 26, 2011, the Plaintiff decided to revise the project implementation plan by holding an extraordinary general meeting, and the remaining head of the Busan Metropolitan City is authorized to revise the project implementation plan on October 19, 2012, and announced it on October 24, 2012.
The Plaintiff received an application for parcelling-out from October 25, 2012 to November 23, 2012, and subsequently, held a general meeting on January 26, 2013 and resolved to amend a management and disposition plan. The head of the Busan Metropolitan City other head of the Gu approved the instant management and disposition plan on April 4, 2013, and publicly notified it on April 10, 2013.
E. The Plaintiff filed an application for expropriation with the competent Regional Land Expropriation Committee in Busan Metropolitan City where the Defendant did not file an application for parcelling-out, and subsequent consultation with the Defendant on compensation for the instant real estate was not reached.
On October 13, 2014, the aforementioned commission made a ruling of expropriation on December 8, 2014, 541,137,540 won (the site 435,776,50 won and the obstacles to buildings, etc.) (the site 105,361,040 won) and the starting date of expropriation as of December 8, 2014, and on October 30, 2014, the Plaintiff deposited the full amount of the said ruling of expropriation with the Defendant as the depositee.
[Ground of recognition] Unsatisfy, entry of Gap 1 through 3, 5, 6 and the purport of the whole pleadings
2. Determination on the cause of the claim
(a) Land within the rearrangement zone owned by the project implementer for the housing redevelopment project to commence the project, from the person subject to cash clearing;