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(영문) 부산지방법원 서부지원 2021.01.28 2019가단112814
건물명도(인도)
Text

The defendant shall deliver to the plaintiff the real estate listed in the attached list. The costs of lawsuit shall be borne by the defendant.

subsection 1.

Reasons

Basic Facts

The Plaintiff is an association established to implement a housing redevelopment and improvement project (hereinafter below referred to as the “maintenance project in this case”) by setting the area of 69,774.7m2 in Busan Seo-gu as the business area (hereinafter referred to as “instant business area”).

On January 25, 2005, the head of the Busan Nowon-gu Office made a public announcement of the location and area of the improvement project and the designation of the improvement zone (housing redevelopment), such as the improvement plan, on the location and area of the improvement project and the improvement plan.

On September 13, 2005, the Plaintiff obtained authorization for the establishment of an association from the head of the Busan Seo-gu Office, and obtained authorization for the implementation of the business on July 7, 2006.

On July 12, 2006, the measure to authorize the implementation of the above project was announced publicly.

On January 28, 2018, the Plaintiff confirmed the plan to revise the project implementation plan and obtained authorization for the revision of the project implementation plan from the head of the Busan Seo-gu Office on August 22, 2018, and the said authorization was publicly notified on August 29, 2018.

The Plaintiff publicly announced the application for parcelling-out within a fixed period of 30 days from November 9, 2018 to December 8, 2012 in accordance with the project implementation change plan, and thereafter publicly announced the extension of the period from December 9, 2018 to December 15, 2018, and received the application for parcelling-out from the members during the said period.

Based on the current status of application for parcelling-out, the Plaintiff was authorized to establish and confirm a management and disposal plan on August 14, 2019 by the head of the Busan Nowon-gu Office.

On August 21, 2019, the head of the Busan Seo-gu Office publicly announced the management and disposal plan.

The Defendant, as a lessee of the real estate indicated in the attached list in the instant project zone (hereinafter referred to as “the instant building part”), occupies the instant building part as the lessee.

[Reasons for Recognition] A’s assertion of Evidence Nos. 1 through 12, and the purport of the entire pleadings, based on Article 81(1) of the Act on the Maintenance of Residential Environment and Residential Environments (hereinafter “Act”), the previous land or buildings are determined.

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