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(영문) 부산지방법원동부지원 2016.04.20 2015가단212512
건물인도 등
Text

1. The Plaintiff:

A. The part on the first floor of the real estate listed in the separate sheet No. 1, Defendant B

B. Defendant C is a list 2.3

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is an association established for a redevelopment project for A house redevelopment project at H Day in Busan Young-gu, and obtained authorization for May 26, 2008, and obtained authorization for a management and disposal plan under Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents from the Busan Suwon-gu Office on October 29, 2014. The above management and disposal plan was publicly announced on November 5, 2014. (2) Defendant B is the real estate listed in the attached Table 1, Defendant C is the real estate listed in the attached Table 2, Defendant C is the real estate listed in the attached Table 3, Defendant E is the real estate listed in the attached Table 4, Defendant F is the real estate listed in the attached Table 5, Defendant G is the owner of each real estate listed in the attached Table 6, and Defendant G is the cash subject who did not file an application for parcelling-out with the Plaintiff.

3) On October 30, 2015, the Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee on the ground that the agreement on compensation for losses with the Defendants was not reached. On September 14, 2015, the date of expropriation was decided by the said Land Expropriation Committee to accept the said real estate in the project zone for the instant improvement project and to pay compensation to the owners of the said real estate. (4) The Plaintiff deposited each compensation for losses with the Defendants on October 23, 2015 according to the said adjudication of expropriation.

[Reasons for Recognition] Evidence Nos. 1 through 12, Evidence Nos. 14, the purport of the whole pleadings

B. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval of a management and disposal plan is announced, a right holder such as the owner, superficies, leasee, leasee, etc. of the previous land or building cannot use or benefit from the previous land or building, and the project implementer can use or benefit from the former land or building. Thus, the Plaintiff, Defendant B, and Defendant C, as stated in the attached Table 1, are real estate

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