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(영문) 부산지방법원 2019.05.21 2019가단304932
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Determination as to the cause of claim

A. The facts of recognition [based on recognition] The statement in Gap evidence 1, Gap evidence 2-1, Gap evidence 1, Eul evidence 7, and Eul evidence 9, and the purport of the whole pleadings (i) The plaintiff is an association which has been authorized to establish an association under the Housing Redevelopment and Improvement Act (hereinafter referred to as "project in this case") by the head of Busan Metropolitan City head of the Dong-gu Busan Metropolitan City to implement a housing redevelopment improvement project (hereinafter referred to as "project in this case") under the Housing Redevelopment and Improvement Act, which was wholly amended by Act No. 14567, Feb. 8, 2017 and enforced from February 9, 2018.

B. The Defendant, as the owner of the real estate listed in the attached list in the above project zone (hereinafter referred to as “instant real estate”), agreed to establish an association and held the instant real estate as a partner by applying for parcelling-out on August 22, 2017, which is within the period for application for parcelling-out determined by the Plaintiff (from July 27, 2017 to September 5, 2017).

On July 5, 2018, the Plaintiff received a management and disposal plan from the head of the Dong-dong, and the head of Dong-dong notified the management and disposal plan on July 11, 2018.

B. According to the main sentence of Article 81(1) of the Act, when the approval of the management and disposal plan is publicly notified pursuant to Article 78(4), a right holder, such as the owner of the previous land or building, etc., cannot use or benefit from the previous land or building until the date of public notice of transfer under Article 86 of the Act.

In addition to the above legal principles, the Defendant is obligated to deliver the instant real estate to the Plaintiff, who is the project implementer, unless there are special circumstances.

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