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(영문) 부산지방법원 2017.11.30 2016가단324706
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet No. 1;

B. Defendant C is a building listed in the separate sheet No. 2. C.

Reasons

1. Facts of recognition;

A. The head of Busan Metropolitan City on January 11, 2006 designated the Busan Dong-gu G G as the rearrangement zone.

B. On April 28, 2006, the Plaintiff is an association which registered the establishment of May 2, 2006 after obtaining authorization from the head of Dong-gu Busan Metropolitan City (hereinafter referred to as the “Dong-dong head”) to implement a housing redevelopment project in the above rearrangement zone.

C. The Plaintiff obtained approval from the head of Dong-dong head on May 12, 2010, and obtained approval for the project implementation plan on August 29, 2014, and obtained application for parcelling-out based on the project implementation plan approved for modification as above.

On July 20, 2015, the Plaintiff received the approval of the management and disposal plan from the head of the Dong-dong, and the head of the Dong-dong office publicly notified the details related to the management and disposal plan on July 29, 2015.

E. Defendant B is the owner of the building listed in the separate sheet No. 1, Defendant C is the owner of the building listed in the separate sheet No. 2, Defendant D is the owner of the building listed in the separate sheet No. 3, Defendant E is the owner of the building listed in the separate sheet No. 4, Defendant F did not file an application for parcelling-out as the owner of the building listed in the separate sheet No. 5, and each of the above buildings is

F. On February 20, 2017, Busan Metropolitan City Regional Land Tribunal rendered a ruling to expropriate each of the above buildings. From April 2017 to May 2017, the Plaintiff deposited KRW 786,611,550 for the Defendant B, KRW 971,218,590 for the Defendant C, KRW 50 for the Defendant C, and KRW 502,680,510 for the Defendant E, and paid KRW 935,538,190 for the Defendant D and KRW 142,21,120 for the Defendant F.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 3-1, 2, 3, Gap evidence 4-1 and 3, the purport of the whole pleadings

2. Defendant B, E, F, and H were elected as the president of the Plaintiff’s association and were reappointed by the latter head of the same Gu.

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