beta
(영문) 부산지방법원 2020.10.14 2020가합42541

건물인도

Text

1. As to the plaintiff:

A. Defendant B indicated in the attached Table 1 list No. 1, 2, 8, 9.9.

Reasons

Facts of recognition

A. The Plaintiff is a housing reconstruction and improvement project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) whose business area covers 77,367 square meters in Busan Dong-gu, Busan Metropolitan City (hereinafter “Urban Improvement Act”), and obtained authorization for the establishment from the head of Dong-gu Busan Metropolitan City on September 23, 2009.

B. On January 23, 2018, the head of the Dong-gu Busan Metropolitan City approved the Plaintiff’s management and disposal plan concerning the area of 77,374.7 square meters (hereinafter “instant project area”) of Dong-gu, Busan Metropolitan City pursuant to Article 48 of the former Urban Improvement Act (amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply), and publicly notified the plan as the publicly notified fund of Dong-gu, Busan Metropolitan City pursuant to Article 49(3) of the same Act on January 31, 2018.

C. The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) is located in the instant project area. Of the 196.27 square meters of the real estate 1st floor of this case, the part on the ship (A) part of 110 square meters of the attached sheet No. 1, 2, 8, 9, 12, and 110 square meters of the attached sheet No. 1, 2, 9, 10, 11, and 12 of the attached sheet No. 1, Defendant B and the attached sheet No. 2 are owned by Defendant C, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 4-1, 2, 5-2, and the purport of the whole pleadings

2. The Plaintiff, as a project implementer under the Urban Improvement Act, claimed the withdrawal of the Defendants based on the right to use and benefit from the instant real estate located within the instant project zone.

Article 49 (3) of the former Act on the Maintenance and Improvement of Urban Areas provides that "the head of Si/Gun shall, when he approves a management and disposal plan under paragraph (2), publish the details thereof in the official bulletin of the relevant local government, and the main sentence of paragraph (6) of the same Article provides that "the public announcement under paragraph (3) of the same Article is made, the owner of the previous land or structure, superficies, leaseer, etc., who is the owner,