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(영문) 부산지방법원 2014.11.07 2014가합7264
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Relevant Plaintiffs are incorporated into B-B Housing Redevelopment Improvement Project (hereinafter “instant Project”) that is in progress in Busan East-gu C (hereinafter “instant project”).

2. The original owners of the land and buildings indicated in the list (hereinafter “the instant land and buildings”) are the housing redevelopment project partnership that obtained authorization on March 5, 2008 to implement the instant project.

B. On December 2, 2010, the Defendant: (a) obtained authorization to implement the instant project from the head of the Dong-gu Busan Metropolitan City (hereinafter referred to as the “instant project implementer”); (b) obtained authorization to revise the project implementation plan around October 31, 201; and (c) obtained authorization to implement the management and disposal plan on October 17, 2012; and (d) the head of the Dong-gu Busan Metropolitan City (Seoul Metropolitan City announced D) on December 8, 2010; (e) the public announcement of the authorization to revise the project implementation plan on November 2, 201 (Seoul Metropolitan City announced E); and (e) the public announcement of the management and disposal plan on October 24, 2012, respectively; (b) the Defendant attempted consultation on the acquisition of the instant land and buildings between the Plaintiffs possessing the land and buildings within the B-Housing redevelopment zone, but as a result, applied for a ruling to the Regional Land Expropriation Committee in Busan Metropolitan City.

3) On August 28, 2013, the Busan Metropolitan City Regional Land Expropriation Committee rendered a ruling of expropriation on the date of commencement of expropriation of the instant land and buildings on October 21, 2013; the Plaintiffs filed an objection; and the Central Land Expropriation Committee rendered a ruling of objection on around 2014 (hereinafter “instant ruling”).

(4) On November 13, 2013, the Plaintiffs filed a lawsuit against the Defendant for the increase in the amount of compensation for expropriation of the instant land and buildings (i.e., F, G, H, I, and J) with the Busan District Court Decision 2013Guhap4010 on November 13, 2013. (ii) The adjudication division in the said lawsuit was withdrawn from the lawsuit, and (iii) the land and buildings of this case as of January 14, 2014.

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