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(영문) 부산지방법원 2018.05.17 2018가단302380
부동산인도 등
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

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

Reasons

1. Determination on the cause of the claim

A. Basic facts 1) The Plaintiff is a housing redevelopment and rearrangement project partnership that was established with the area of project consisting of 238,764m2 in Busan Metropolitan Government, the Plaintiff obtained authorization for the establishment of the project on June 9, 2006 from the head of Busan Metropolitan Government, the authorization for the implementation of the project on December 19, 2008, the authorization for the implementation of the project on January 2, 2013, and October 16, 2015, respectively, and the authorization for the implementation of the project on May 4, 2016 (hereinafter “instant authorization for the implementation of the project”).

3) On May 11, 2016, the head of the Busan Metropolitan City’s annual government publicly notified the instant administrative disposition plan. 4) Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is located in the said project implementation district.

Defendant B and C are the owners of each of the instant real estate, and the distribution of Seowon Co., Ltd. is the possessor of each of the instant real estate.

5) On December 18, 2017, the Busan Metropolitan City Regional Land Expropriation Committee filed an application for adjudication of expropriation with the Defendants regarding each of the instant real estate (hereinafter “instant adjudication of expropriation”) with the Defendants on December 18, 2017, the Busan Metropolitan City Regional Land Expropriation Committee set the date of commencement of expropriation as February 12, 2018 (hereinafter “instant adjudication of expropriation”).

7) On February 8, 2018, the Plaintiff deposited KRW 8,601,41,640 in front of Defendant B, KRW 2,150,352,90 in front of Defendant C on the same day, and KRW 653,91,530 in front of the distribution of Defendant Seowon Co., Ltd. on February 7, 2018, and deposited the full amount of compensation for losses arising from the instant confinement ruling. [Grounds for recognition] ① Defendant 1 and 2: without any dispute; ② evidence No. 1 or 11 (including all of the serial numbers, the purport of all the arguments, ② Defendant 3: Article 150(3) of the Civil Procedure Act

B. The main text of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “former Act”) provides that “If a management and disposition plan is authorized and publicly notified, the former land or the former land.”

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