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(영문) 부산지방법원 서부지원 2021.01.14 2019가합103329
건물명도(인도)
Text

1. The Plaintiff:

(a) Defendant B re-real estate listed in Appendix 2 Schedule 1;

B. Defendant C re-assigns the same list 3.

Reasons

Facts of recognition

The Plaintiff is a housing redevelopment and improvement project partnership established for the purpose of redevelopment and improvement of housing redevelopment in the zone A zone in Busan Seo-gu D (hereinafter “instant project”), and the Defendants are the owners of each real estate listed in the separate sheet 2 attached hereto located in the instant project area (hereinafter “each of the instant real estate”).

On August 14, 2019, the Plaintiff was authorized by the head of the Busan Seo-gu Office to execute the management and disposal plan concerning the instant project, and the head of the Busan Seo-gu Office announced the above management and disposal plan on August 21, 2019.

On July 20, 2020, the Plaintiff received a ruling of expropriation on September 14, 2020 (hereinafter “the first expropriation”) from the Busan Metropolitan City Local Land Expropriation Committee on the instant project, and thereafter deposited the compensation for losses with the real estate owners in the instant project area as a trustor.

The details of deposits against the Defendants are as follows:

The deposit number on the date of the deposit by the defendant No. 50 was deposited to the Busan District Court.

On September 10, 2020, 1577 1,098, 203, 980 2 C, 2020 September 8, 2020, no dispute exists over the deposit amount (based on recognition) 1 B, 1525 18, 419, 970 / 1520 / 1525 18, 419, 970 / The evidence Nos. 111-1, 11-3, 12-12, 13-2, and 13-2 of the entire pleadings, the defendants asserted that the plaintiff's lawsuit against the defendants was filed before filing an application for adjudication and constitutes an abuse of rights.

However, the fact that the Plaintiff received the first expropriation after the filing of the instant lawsuit is as seen earlier, and the housing redevelopment and improvement project shall be limited to those that the Plaintiff first filed the instant lawsuit prior to the filing of the application for the adjudication on expropriation for the purpose of housing stability, business cost reduction, party E, etc. through rapid conflict of interests, and it cannot be deemed that the instant lawsuit is unlawful or constitutes abuse of rights.

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