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(영문) 부산지방법원동부지원 2015.07.03 2014가합3534
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Basic facts

A. (1) The Plaintiff is an association established to implement an urban environment improvement project (hereinafter “instant improvement project”) on the area of 164,325.01 square meters in Nam-gu Busan Metropolitan City, which is located in order to implement the urban environment improvement project (hereinafter “instant improvement project”). On November 16, 2005, the Plaintiff was authorized to establish an association by the head of Nam-gu Busan Metropolitan City, Busan Metropolitan City, and completed the registration of incorporation on November 24, 2005.

(2) On May 10, 2010, the head of the Nam-gu Busan Metropolitan City authorized the management and disposal plan formulated by the Plaintiff concerning the instant rearrangement project pursuant to Article 48 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and authorized the amendment of the management and disposal plan on October 19, 2012, and April 4, 2013, respectively, and publicly notified the details thereof as D publicly notified to the head of the Nam-gu Busan Metropolitan City under Article 49(3) of the Urban Improvement Act.

(3) On May 17, 1996, the Defendant acquired the ownership of the real estate indicated in the separate sheet (hereinafter “instant real estate”) located within the instant rearrangement project zone and possessed it.

B. (1) On October 2014, the Plaintiff attempted to consult with the Defendant on the compensation for losses, but did not reach an agreement, applied for adjudication of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee pursuant to the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”).

On October 13, 2014, the commission rendered a ruling of acceptance that the total amount of compensation for the Defendant’s losses should be KRW 1,685,726,86,860 (i.e., the amount of compensation for land KRW 919,432,60, the amount of compensation for goods of KRW 766,294,260) and the date of commencement of expropriation should be December 8, 2014.

(2) On November 4, 2014, the Plaintiff sought to pay compensation for losses to the Defendant under the above confinement ruling, but the Defendant refused to pay compensation, and the Defendant deposited the deposited amount with the Defendant as the Defendant under this Court No. 2232 in 2014.

(3) On April 13, 2015, the said commission’s compensation determined by the expropriation ruling rendered on October 13, 2014.

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