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(영문) 부산지방법원 2017.10.17 2016가단313416
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet No. 1;

B. Defendant C is a building listed in the separate sheet No. 2. C.

Reasons

1. Facts of recognition;

A. The Plaintiff is a redevelopment and consolidation project association whose business area covers 232,885 square meters located in Busan East-gu I, Busan-gu, and completed the registration of incorporation on April 28, 2006 with the authorization from the head of Dong-gu, the competent authority, on April 28, 2006.

B. After obtaining authorization for the implementation of the project on May 13, 2010 from the Dong-gu Office, the Plaintiff received the authorization for the implementation of the project on July 20, 2015, and on July 29, 2015, the above management and disposal plan was approved and publicly notified.

C. Meanwhile, the buildings listed in the separate sheet Nos. 1 through 6 are located within the redevelopment project zone; Defendant B occupies each of the above buildings as a lessee who leased the buildings listed in the separate sheet Nos. 1; Defendant C uses the buildings listed in the separate sheet Nos. 2; Defendant D uses the buildings listed in the separate sheet Nos. 3; Defendant E uses the buildings listed in the separate sheet Nos. 4; Defendant F uses the buildings listed in the separate sheet No. 5; Defendant G uses the buildings listed in the separate sheet Nos. 5; and Defendant H uses the buildings listed in the separate sheet

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. In this case where Defendant C’s judgment on the main safety defense against Defendant C pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), for which Defendant C seeks to deliver the building listed in the separate sheet No. 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), the compensation for losses has not been completed, and since the Plaintiff did

However, in the lawsuit for performance like the lawsuit in this case, the plaintiff is standing to sue to the person who asserts that he is the right to demand performance, and the grounds for the defendant C's assertion are matters to be determined within the merits, so the defendant C's main defense

3. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, a right holder, such as the owner of a previous land or structure, may not use or benefit from a management and disposal plan.

According to the above facts, there are no special circumstances.

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