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(영문) 부산지방법원서부지원 2020.11.19 2019가단112654

건물명도(인도)

Text

The Plaintiff, Defendant B, the real estate listed in the attached list 1, Defendant C, and Defendant D.

Reasons

1. The Plaintiff is an association established to implement a housing redevelopment improvement project (hereinafter referred to as the “instant rearrangement project”) with the area (hereinafter referred to as “instant project area”) of which KRW 69,774,74,000,000 in Busan House L, Busan, as its business area.

On January 25, 2005, the head of the Busan District District Office performed the public inspection and announcement on the designation of the instant rearrangement project and the maintenance plan.

On September 13, 2005, the Plaintiff obtained authorization for the establishment of the head of Busan District Office, and obtained authorization for the implementation of the project on July 7, 2006.

The above project implementation authorization disposition was announced on July 12, 2006.

On January 28, 2018, the Plaintiff confirmed the project implementation change plan and obtained the approval for the change of the project implementation plan from the head of the Gu of Busan on August 22, 2018.

The revised disposition of the project implementation plan was announced on August 29, 2018.

The Plaintiff publicly announced the application for parcelling-out for the period from November 9, 2018 to December 8, 2018, and publicly announced the extension of the application for parcelling-out from December 9, 2018 to December 15, 2018.

On March 10, 2019, the Plaintiff held a general meeting of cooperatives to formulate a management and disposal plan and confirmed the plan, and received the approval for the management and disposal plan from the head of the Gu of Busan on August 14, 2019.

The above administrative disposition plan was announced on August 21, 2019.

Defendant B occupies a building listed in the attached Table 1, which is a building within the instant project zone (hereinafter referred to as “instant building”).

On October 31, 2008, Defendant F made a move-in report to a building listed in the attached Table 7, which is a building within the instant project zone (hereinafter “instant building”) and owned the instant building as a lessee.

② The owner of the instant building became eligible for cash settlement because he did not apply for the application for parcelling-out to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 16, fact-finding results against the head of Busan Y, and judgment of the purport of the whole pleadings.