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(영문) 부산지방법원 2014.10.21 2014가단19369
토지인도 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. Facts of recognition;

A. The plaintiff is a cooperative established to implement a housing redevelopment improvement project in the zone A located in the Seo-gu Busan Metropolitan Government, and the defendant occupies each real estate as the owner of each real estate listed in the separate sheet located in the above rearrangement zone.

B. On April 10, 2007, the head of Busan Seo-gu approved the establishment of the association for the plaintiff, and on May 16, 2008, the head of Busan Seo-gu approved the implementation of the A-gu Housing Redevelopment Improvement Project.

C. The Plaintiff received an application for parcelling-out from the members from July 23, 2012 to September 7, 2012, but the Defendant did not apply for parcelling-out.

On May 11, 2013, the head of the above Dong-gu authorized the management and disposition plan of the plaintiff, and announced it around that time. D.

The Plaintiff, who is a person subject to cash settlement, failed to reach an agreement on the purchase of each real estate listed in the separate sheet owned by the Defendant and his/her owner (Therefore, the Defendant’s argument that the purchase agreement would not take effect as a legitimate acceptance is rejected). On May 19, 2014, the Plaintiff filed an application for the adjudication of expropriation with the Regional Land Expropriation Committee of Busan Metropolitan City, which decided on July 4, 2014, that the date of expropriation will be KRW 531,250,700 in total.

On July 4, 2013, the Plaintiff deposited the full amount of the adjudication on expropriation with the Defendant as the principal deposit.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, evidence 9 through 12, evidence 13 through 16, respectively, 2, 26 and 27, and the purport of the whole pleadings

2. According to the above recognition of the cause of the claim, the defendant is obligated to deliver the real estate of this case to the plaintiff who is the project implementer pursuant to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act

The defendant does not apply to the above provisions of the Urban Improvement Act and the articles of incorporation of the plaintiff's association to the defendant who is not a member of the plaintiff's association.

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