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(영문) 부산지방법원 2017.11.29 2016가단319872

건물명도

Text

Defendant B Co., Ltd., Ltd., and Defendant C, as stated in the separate sheet No. 2, shall be the Plaintiff.

Reasons

Facts of recognition

The Plaintiff is an organization established to implement a housing redevelopment improvement project for the area of its unit, including buildings listed in the attached list. On July 20, 2015, the Plaintiff obtained authorization of the management and disposal plan for the said improvement project from the head of the Dong-gu Busan Metropolitan City Office, and the said authorization was publicly notified on July 29, 2015.

Defendant B Co., Ltd., Ltd., the buildings listed in the separate sheet No. 1, the buildings listed in the separate sheet No. 2, the buildings listed in the separate sheet No. 3, and the buildings listed in the separate sheet No. 5.

[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 4, and judgment on the cause of claim as a whole of the pleadings as to the purport of the whole of the pleadings (hereinafter “Urban Improvement Act”) under Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments (hereinafter “Urban Improvement Act”), a right holder, such as the owner of the previous land or building, shall not use or benefit from the approval. Thus, barring any special circumstance, according to the above recognition, the plaintiff is obligated to deliver the building listed in the separate sheet No. 1, the defendant C, the building listed in the separate sheet No. 2, the defendant D, and the building listed in the separate sheet No. 5

The defendant's assertion that the defendant cannot respond to the plaintiff's claim for delivery because the consultation and decision procedure for business compensation are not completed, but there is no dispute or there is a significant fact in this court, the actual operating right holder is F, the Busan District Court's case where the plaintiff requested the above F to deliver the building as stated in the attached Table 2 list, and the Busan District Court's case where the plaintiff requested the above F to deliver the building as stated in the attached Table 2 list was sentenced on July 20, 2017, and it can be recognized that the facts became final and conclusive at that time.

Therefore, the plaintiff's claim of this case is justified, and it is so decided as per Disposition.