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(영문) 부산지방법원동부지원 2016.02.02 2015가단16189

건물인도

Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

According to the overall purport of Gap evidence Nos. 1 through 4, the plaintiff is an association that implements a housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"). On Oct. 2, 2008, the plaintiff was authorized by the head of Nam-gu Busan Metropolitan Government as the business zone for the Nam-gu Seoul Metropolitan Government, and the defendant was the owner of the attached real estate located in the above business zone and was a member who applied for parcelling-out. The plaintiff was authorized by the head of Nam-gu Busan Metropolitan City on Aug. 13, 2012, and the project implementation authorization was announced on Aug. 22, 2012. Since then, the plaintiff was authorized to revise the project implementation plan on Jan. 16, 2014; the above approval was approved on Jun. 22, 2015; and the above management and disposal plan was approved on Jun. 10, 2015.

According to Article 49 (6) of the Urban Improvement Act, when the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, can not use or profit from the previous land or building and the project implementer can use or benefit from it. Thus, according to the above facts of recognition, the defendant is obligated to deliver to the plaintiff

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.