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(영문) 부산지방법원 2017.08.24 2016가단355212

건물명도

Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

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

3...

Reasons

1. Facts of recognition;

(1) On April 6, 2016, the Plaintiff was an organization established to implement a housing redevelopment improvement project for the entire area (area 103,902.7 square meters) including the site of the building indicated in the attached list (hereinafter “instant building”). The Plaintiff obtained authorization of the management and disposal plan for the housing redevelopment improvement project from the head of Busan Busan District Government on April 6, 2016, and the said authorization was publicly notified on April 13, 2016.

d. The defendant is the owner of the building of this case and the plaintiff's member, and the letter store is operated in the name of A in the first floor of the building of this case.

Article 28(1) of the former Land Expropriation Act provides that “A person who intends to obtain permission from a third party shall obtain permission from a third party shall obtain permission from a third party (see, e.g., Supreme Court en banc Decision 2006Da1548, Apr. 14, 2017).”

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the authorization of the management and disposal plan is publicly announced, the owner, superficies, leaseer, etc. of the previous land or structure may not use or profit from the previous land or structure until the date of the public announcement of relocation under Article 54. However, according to the above facts acknowledged, the project implementer may use or benefit from the former land or structure (see Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts acknowledged, the Defendant, the owner of the building of this case, cannot use or benefit from the instant redevelopment project, and the Plaintiff, the project implementer, could use or benefit from the instant redevelopment project, and the Defendant is obligated to deliver the building of this case to the Plaintiff, barring any special circumstances.

In regard to this, the defendant has a value of appraisal on the building of this case or a value of the first floor of the building of this case.