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(영문) 부산지방법원 서부지원 2021.01.14 2019가합103275
건물명도(인도)
Text

The Plaintiff, Defendant B, real estate listed in the attached Table 1, Defendant C, and Defendant D, in the attached Table 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and maintenance project partnership established for the purpose of the redevelopment and improvement project for the A house redevelopment and rearrangement project for the Busan Nowon-gu Eth (hereinafter “instant project”), and the Defendants are the owners of each real estate listed in the separate sheet located in the instant project area (hereinafter “each of the instant real estate”).

B. On August 14, 2019, the Plaintiff was authorized by the head of the Busan Seo-gu Office to manage and dispose of the instant project, and the head of the Busan Seo-gu office publicly notified the management and disposal plan on August 21, 2019.

(c)

With respect to the instant project, the Plaintiff received a ruling of expropriation on September 14, 2020 from the Busan Metropolitan City Land Expropriation Committee on July 20, 2020 (hereinafter “the first expropriation”) from the Busan Metropolitan City Land Expropriation Committee on September 14, 2020, and received a ruling of expropriation on September 21, 2020 (hereinafter “the second expropriation”) with the starting date of expropriation as of November 16, 2020, and thereafter deposited compensation by the real estate owners in the instant project area as a truster.

The details of deposits against the Defendants are as follows:

The deposit number on the deposit date of the person who was deposited in Busan District Court was deposited with the officer of the Busan District Court.

Non-deposited Amount (won) 1 B B on September 8, 2020, 2020 1520 371,335,550 2 C on October 26, 2020 3D 3D 1906 145,794,150 2C on October 26, 2020 20 3D 26 October 2020 26, 2020 1924,639,150 192 3D 26 October 26, 2020 / 3D 1924,639,150 / 150 / The purport of each entry, as a whole, is without dispute. A’s 1 through 13 / 13 (including Serial number; hereinafter the same shall apply)

2. Defendant C’s claim of this case regarding the main safety defense of Defendant C asserts that the Plaintiff’s claim of this case was filed prior to the filing of the application for the adjudication of acceptance, and constitutes a non-legal act or an abuse of rights.

However, the fact that the plaintiff received the first and second expropriation decisions after the filing of the lawsuit in this case is as seen earlier, and the redevelopment and improvement project for housing has a large number of complicated interests conflict with each other.

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