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(영문) 부산지방법원동부지원 2015.06.24 2014가단24022
건물인도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The plaintiff is the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act").

(2) On November 16, 2005, the head of the Nam-gu Busan Metropolitan Government (hereinafter “the first management and disposal plan”) obtained authorization from the head of the Nam-gu Busan Metropolitan City (hereinafter “Seoul Metropolitan City”) on the establishment of a housing redevelopment project as a business zone with the area of 165,070 square meters, and the Defendant is the owner of the real estate listed in the attached Table located in the said business zone. (2) The Plaintiff obtained approval from the head of the Nam-gu Busan Metropolitan City (hereinafter “the first business implementation plan”) on August 16, 2007, and the said project implementation authorization was publicly notified on August 22, 2007, and was authorized by the head of the Nam-gu Busan Metropolitan City (hereinafter “the first management and disposal plan”).

3) Since November 26, 2011, the Plaintiff held an extraordinary general meeting on November 26, 201 and decided to revise the project implementation plan (hereinafter the above changed project implementation plan is referred to as “instant project implementation plan”).

(4) The Plaintiff received the application for parcelling-out from October 25, 2012 to November 23, 2012, and made a decision on a management and disposition plan amended on January 26, 2013 (hereinafter “instant management and disposition plan”), and the remaining head of Busan Metropolitan Government approved the instant management and disposition plan on April 4, 2013, and publicly notified it on April 10, 2013.

5) The Defendant is a person subject to cash settlement who did not apply for an application for parcelling-out to the Plaintiff, and the Plaintiff applied for a ruling of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee, which did not reach an agreement with the Defendant on compensation. On October 13, 2014, the said Committee rendered a ruling of expropriation on December 8, 2014 with the commencement date of expropriation on the real estate stated in the separate sheet (hereinafter “instant ruling of expropriation”).

(1) On October 30, 2014, the Plaintiff is against the Defendant, who was decided in the instant expropriation ruling.

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