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(영문) 부산지방법원 2016.11.16 2016가합47334

토지인도

Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

1. Indication of claim;

A. The Plaintiff is a corporation established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) for the whole area (238,764m2) including the land in Busan-gu, Busan-do (hereinafter “instant redevelopment project”). The Defendant is the owner of each real estate in the attached list located within the area subject to the instant redevelopment project (hereinafter “instant real estate”). The Plaintiff is a member who applied for parcelling-out to the Plaintiff.

B. On May 4, 2016, the Plaintiff obtained authorization of the management and disposal plan regarding the instant redevelopment project, and the said authorization was publicly notified on May 11, 2016.

C. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), if the approval of a management and disposal plan is publicly announced, the right holder, such as the owner of the previous land or building, may not use or benefit from it, and the Plaintiff’s articles of incorporation also stipulate the duty to make a contribution in kind, the duty to remove or move

Therefore, the Defendant is obligated to deliver the instant real estate to the Plaintiff pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas as the Defendant publicly announced the approval of the management and disposal plan concerning the instant redevelopment project as above.

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts.