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(영문) 부산지방법원 2016.12.15 2016가단311830

건물명도

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the attached Table 1 list;

B. Defendant E shall use the buildings listed in the attached Table 2 list, C.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project association established with a project zone, such as Busan Dong-gu, Busan Metropolitan City, the head of the Dong-gu Busan Metropolitan City (hereinafter “Seoul Metropolitan City”) to approve the establishment of the association on April 28, 2006, the authorization to implement the project on May 13, 2010, and the authorization to implement the management and disposal plan on July 20, 2015.

On July 29, 2015, the management and disposal plan was publicly announced as G publicly announced by Dong-gu Busan Metropolitan City.

B. The Defendants are those who possess each building listed in the separate sheet within the above business area.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Determination

A. The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “When the authorization of a management and disposition plan is announced, the owner, superficies, leaseer, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54.”

The head of Dong-gu Busan Metropolitan City approving the management and disposal plan for the Plaintiff’s housing redevelopment project on July 20, 2015, and the public notice was given on July 29, 2015. Therefore, the Defendants holding and using each of the buildings listed in the separate sheet located within the implementation zone of the instant rearrangement project are obliged to deliver each of the buildings to the Plaintiff, who is the said project implementer, unless there are special circumstances.

B. As to the Defendants’ assertion, the Defendants’ proviso of Article 49(6) of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor stipulates that the former land or structure may be used even after the public notice of approval of the management and disposal plan is given to the right holder for whom compensation under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor is not completed. However, the Plaintiff did not compensate the Defendants