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(영문) 부산지방법원 2018.10.04 2018가단3348
건물명도(인도)
Text

1. The defendant shall leave the building as stated in the attached Form.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 shall be provisionally executed.

Reasons

1. Facts of recognition;

A. The Plaintiff was a housing redevelopment association established to implement a housing redevelopment project in the area of 58,113.1 square meters in Busanjin-gu, Busan, and was approved by the head of Busan, Busan, the head of the Gu of Busan, and was publicly notified on April 19, 2017.

B. D applied for parcelling-out to the Plaintiff within the period of application for parcelling-out, as the owner of the attached building located in the above project site (hereinafter referred to as the “instant building”).

C. Defendant B is currently possessing the instant real estate leased from D.

[Ground for Recognition] Unsatisfy, Gap evidence Nos. 1-4

2. When the determination of the cause of the claim and the public notice of approval of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the use and profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or buildings shall be suspended pursuant to Article 49(6) of the same Act, and the project implementer shall be entitled to use and profit-making therefrom (see Supreme Court Decision 2009Da53635, May 27, 2010).

3. The Defendant’s assertion regarding the Defendant’s assertion is unclear, and even if the Defendant’s assertion was made to the effect that it cannot be removed before receiving compensation such as relocation expenses, there is no evidence to acknowledge that the Defendant was entitled to receive compensation under the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and thus, the Defendant’s assertion is rejected.

4. The plaintiff's claim for conclusion is justified and accepted.

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