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(영문) 부산지방법원 2015.10.23 2011나24514

건물인도

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff is a housing redevelopment and rearrangement project association that obtained approval for the establishment of a housing redevelopment and rearrangement project on March 2, 2005 pursuant to Article 16 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7959 of May 24, 2006) in order to carry out a housing redevelopment and rearrangement project (hereinafter "project in this case") whose project implementation district is the Seo-gu Seoul District, Seo-gu, Busan District. The defendant was the owner of the building in the attached list ("the building in this case") located within the above redevelopment project implementation district.

B. (1) The Plaintiff’s establishment promotion committee, including the authorization of the establishment of the Plaintiff’s association and the authorization of the project implementation plan, issued to 376 owners of land, etc. in the instant project zone a written consent for the establishment of the association, and requested the consent from 312 owners of land, etc. to submit a written consent for the establishment of the association. On February 3, 2005, the Plaintiff filed an application for the authorization of the establishment of the Housing Redevelopment Project Association on March 2, 2005 with the head of Seo-gu 312 members submitted a written consent for the establishment of the association. The head of Seo-gu approved the establishment of the Plaintiff on March 2, 2005.

(a) Design outline cost of new construction of a new building: 2,200,000,000 won in total of the design cost of new construction and other project cost of 17,700,000,000 won in total of 125,90,000,000 won in total; and

B. 2 Plaintiff: (a) held a general meeting on April 30, 2005, which was after obtaining authorization to establish a new building; (b) selected a construction project to be in charge of the construction of the instant project; (c) granted written consent to implement the relevant housing redevelopment project to the owners of land, etc. within the instant project zone; and (d) submitted an application for authorization to implement the project on June 29, 2005 to the head of Seo-gu, 2005.