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(영문) 부산지방법원 2019.11.26 2019가단318597
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. Facts of recognition;

A. On June 29, 2005, the Plaintiff is a housing redevelopment project partnership which obtained authorization for the establishment of a project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) from the head of Busan District from the head of Busan District, the head of Busan District Office, which designates 126,834.1m2 as the project implementation district.

B. The head of Busan Jin-gu authorized the management and disposal plan on August 21, 2018 after the project implementation authorization was granted to the Plaintiff, and publicly notified on August 29, 2018.

C. The Defendant is the tenant of the real estate indicated in the attached list (hereinafter “instant real estate”), and the instant real estate is located within the business area of the said improvement project.

[Reasons for Recognition] Gap evidence 1, Gap evidence 2-1, Gap evidence 3, 4, Eul evidence 1 to 4, and the purport of the whole pleadings

2. The main sentence of Article 81(1) of the Act on the Determination of Grounds for Claim provides that a right holder, such as a lessee, shall not use or benefit from the previous land or structure when the approval of the management and disposal plan is publicly notified.

According to the above regulations and facts, since the defendant lost the right to use and benefit from the real estate of this case in accordance with the notice of the management and disposal plan for the above rearrangement project, the defendant is obligated to deliver the real estate of this case to

3. On the part of the defendant's assertion, the defendant asserts that the defendant cannot respond to the plaintiff's claim before receiving the housing relocation expenses and directors' expenses, which are reasonably calculated by the plaintiff pursuant to the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter "Land Compensation Act").

The obligation to compensate the residents of a residential building by calculating the expenses incurred in moving their residence and the expenses incurred in transporting movable property, such as household effects, for the purpose of policy and social security for smooth implementation of the project.

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