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(영문) 부산지방법원 2019.07.12 2018가단321602
부동산인도 등
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association with the approval of establishment from the head of Busan Metropolitan Government on June 9, 2006 to implement a housing redevelopment and rearrangement project (hereinafter “instant project”) with the total area of 238,764 square meters in Busan Metropolitan City as its business area.

B. On May 4, 2016, the head of the Busan Metropolitan City annual government authorized the Plaintiff’s management and disposal plan and announced it on May 11, 201.

C. The Defendant is the owner of each real estate in the attached list in the instant project zone (hereinafter “instant real estate”), and did not apply for parcelling-out to the Plaintiff within the period of application for parcelling-out.

On December 18, 2017 and July 23, 2018, the Busan Metropolitan City Regional Land Tribunal: (a) determined the commencement date of expropriation as of February 12, 2018 and September 10, 2018; (b) rendered a ruling of expropriation of the instant real estate, etc.; (c) on September 5, 2018, the Plaintiff deposited the Defendant as the principal deposit and deposited the full amount of compensation for losses due to the said ruling of expropriation on the instant real estate, etc.

E. On the other hand, the defendant et al. filed a lawsuit to nullify the establishment of the association with Busan District Court (2018Guhap22471) on May 2, 2019, on which the defendant et al. dismissed the defendant et al.'s claim on May 2, 2019.

F. On July 11, 2019, the Plaintiff deposited KRW 12,00,00,000 as deposit money, KRW 4,373,30, and KRW 2,161,328, in total, KRW 18,534,658 (this Court No. 3379).

[Ground of recognition] Facts without dispute, entry of Gap 1 to 18 evidence, entry of Eul 1 to 13 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

(a) The public notice of the approval of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents regarding the cause of the claim is given pursuant to paragraph (6) of the same Article.

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