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(영문) 창원지방법원마산지원 2015.10.21 2015가단4477
건물인도
Text

1. The Plaintiff, Defendant B, and Defendant C, listed in attached Table No. 1, and Defendant C, listed in attached Table No. 2.

Reasons

1. Basic facts

A. The Plaintiff is an association established for the purpose of housing redevelopment improvement project implemented by the Nilwon-si, Changwon-si, Changwon-si, and was authorized to establish an association from the Changwon-si on January 10, 201; the authorization to implement the project on January 18, 201; the authorization to implement the project on January 18, 2013; the authorization to implement the project on January 23, 2014; and the Changwon-si announced the management and disposal plan on January 23, 2014.

B. From among each real estate listed in the separate sheet in the project zone of the above Housing Redevelopment Project, Defendant B shall possess the real estate listed in paragraph (1) of the attached sheet; Defendant C shall have the real estate listed in Paragraph (2) of the attached sheet; Defendant D shall have the real estate listed in Paragraph (3) of the attached sheet; Defendant F shall have the real estate listed in Paragraph (4) of the attached sheet; Defendant G shall have the real estate listed in Paragraph (5) of the attached sheet; Defendant H shall have the real estate listed in Paragraph (6) of the attached sheet; Defendant H shall have the real estate listed in Paragraph (7) of the attached sheet; Defendant J shall have the real estate listed in Paragraph (9) of the attached sheet; Defendant C shall have the real estate listed in Paragraph (10) of the attached sheet; Defendant C shall have the real estate listed in Paragraph (11) of the

(hereinafter referred to as “the pertinent real estate occupied by the Defendants”)

The Defendants owned the pertinent real estate and did not file an application for parcelling-out, and the Plaintiff filed an application for adjudication of expropriation with the local Land Expropriation Committee of Gyeongnam-do, in order to not reach an agreement with the Defendants on compensation for each real estate listed in the separate sheet. On April 28, 2015, the said Committee rendered an adjudication of expropriation on June 17, 2015 (hereinafter referred to as “instant adjudication”) with respect to each real estate listed in the separate sheet, and the Plaintiff deposited the full amount of compensation for losses prescribed in the instant adjudication on May 28, 2015 and May 29, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, the purport of the whole pleadings

2. Determinations on the cause of the claim; and

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