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(영문) 부산지방법원 서부지원 2018.12.05 2018가단5919
건물인도
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association established to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) whose project implementation district covers 72,313.6 square meters in Busan Seo-gu E-won.

The defendants occupy the above building as a co-owner of the real estate listed in the attached list (hereinafter referred to as the "building of this case") within the rearrangement project zone of this case and have completed the application for parcelling-out within the period of application for parcelling-out.

B. On November 14, 2017, the Plaintiff obtained authorization of the management and disposal plan concerning the instant rearrangement project from the head of the Busan Metropolitan City Council from the head of the Gu, and the head of the said ideology publicly notified the same as F of the Gangseo-gu Busan Metropolitan City public notification on November 22, 2017.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan is authorized and publicly announced, the owner, superficies, leasee, leasee, etc. of the previous land or building cannot use the previous land or building or profit therefrom by the date of the public announcement of transfer under Article 86 of the same Act, and the project implementer may use it and profit therefrom (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010).

Judgment

On November 14, 2017, the Plaintiff, the project implementer of the instant improvement project, obtained authorization of the management and disposal plan concerning the said improvement project from the head of the Si/Gu of Busan on November 14, 2017, and the head of the said ideology publicly notified the above management and disposal plan on November 22, 2017.

Examining the above facts in light of the aforementioned legal principles, the Defendants, the co-owners of the instant building, are obligated to deliver the said building to the Plaintiff, the project implementer, as the above management and disposition plan was authorized and publicly announced.

3. The defendants.

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