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(영문) 부산지방법원 2014.01.10 2013나9809

건물인도

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

The defendants of the claim are the defendants.

Reasons

1. The reasoning for the court’s explanation as to this case is that the defendants’ assertion is insufficient. The defendants’ new arguments in the trial of the court of first instance are stated in the corresponding part of the judgment of the court of first instance, except for adding the following explanation to the corresponding part of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The time of addition.

A.In accordance with Part 5 of the first instance judgment, the following instructions were added: “The Plaintiff, following the resolution of the ordinary general meeting on March 25, 2011, with the consent of 85.79% of the size of the land subject to the implementation, 76.69% of the number of landowners, and 7.86% of the number of building owners, requested the head of Seo-gu Busan Metropolitan City to revise the implementation period from 1 month to 9 years, and the head of Seo-gu Busan Metropolitan City approved the amendment of the management and disposition plan on December 29, 2011. The Plaintiff attended the 85.79% of the size of the land subject to the amendment, 89.47% of the number of landowners, 146, 273, 201 to 20% of the project cost subject to the amendment, and the head of Seo-gu Busan Metropolitan City, 201, 30% of the project cost subject to the amendment to the management and disposition plan.

B. The following statements are added to the fifth, 17th, of the judgment of the first instance.