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(영문) 부산지방법원 2016.10.13 2016가단316552

건물명도

Text

1. The plaintiff, the defendant B, and the defendant B

1. To deliver the building indicated in the list, and the defendant C shall attach it to the attached Form;

2. A building entered in the list.

Reasons

1. Indication of claim;

A. On April 28, 2006, the Plaintiff Union obtained authorization for establishment from the head of the Busan Dong-gu, the head of the Si/Gun/Gu on April 28, 2006, and decided on the management and disposal plan at the general meeting of the management and disposal around July 2015.

B. Accordingly, on July 2, 2015, the head of the Busan East-do government decided to authorize the management and disposal plan of the Plaintiff Union, and announced it on July 29, 2015.

C. The Defendants are attached Form within the rearrangement project implementation zone of the Plaintiff Union.

1. and Attachments

2. The lessee of each building entered in the list shall be:

Accordingly, the Plaintiff Union asserted that the Defendants had the duty to deliver the above building to the Plaintiff Union for the removal of the above building located within the rearrangement project implementation zone for the implementation of the Plaintiff Union’s project, and sought the delivery of the building against the Defendants.

(2) The Defendants, the co-owners of the above building within the rearrangement project zone of the Plaintiff Union, lost their right to use and profit from the above building, and the Plaintiff Union acquired the right to use and profit from the above building for the implementation of the rearrangement project. Thus, the Defendants are obliged to deliver the above building to the Plaintiff on the ground of Article 208(3)3 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (the judgment by public notice).