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(영문) 부산지방법원 2017.11.16 2017가단309216
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B is the building listed in the attached Table 1 list;

B. Defendant C shall be the building listed in the attached Table 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) on a scale of 232,885 square meters in a large area, including each real estate listed in the attached Table list (hereinafter “each of the instant real estate”). On July 20, 2015, the Plaintiff obtained authorization of the management and disposal plan concerning the instant redevelopment project from the head of the Dong-gu Busan Metropolitan City (hereinafter “instant redevelopment project”), and the said authorization was publicly notified on July 29, 2015.

B. The Defendants are the owners of each of the instant real estate, who are eligible for cash settlement not applying for parcelling-out relating to the instant redevelopment project.

C. The Plaintiff filed an application for adjudication of expropriation with the Busan Metropolitan City Regional Land Expropriation Committee on February 20, 2017, on which the date of expropriation begins (hereinafter “instant adjudication”) on May 4, 2017.

The Plaintiff deposited KRW 952,752,350 on April 27, 2017 with Defendant B as the principal deposit on April 27, 2017, the Busan District Court deposited KRW 952,752,350 on April 11, 2017, Defendant C as the principal deposit, and deposited KRW 425,63,90 (the amount obtained by subtracting KRW 1,204,460 from the amount of compensation for losses at KRW 426,838,360, the amount of compensation for losses at KRW 426,838,360, and the amount of compensation for losses at KRW 1,204,460 of the Busan District Court as the principal deposit on March 16, 2017, with Defendant D as the principal deposit on March 16, 2017, the Busan District Court deposited KRW 398,398,467,457,207,207.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers, if any) and the purport of whole pleadings

2. Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Do Administration Act”).

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