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(영문) 부산지방법원 2016.10.27 2016가단334246
건물명도
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-6.

The Plaintiff is an organization established to implement a housing redevelopment improvement project (hereinafter “instant redevelopment project”) with respect to the area of one unit ( approximately KRW 238,764 square meters), including the land of Busan Dong-gu, Busan (hereinafter “instant redevelopment project”).

B. The Defendant is the owner of the building in the attached Form (hereinafter “instant building”) located within the redevelopment project area of this case, who filed an application for parcelling-out with the Plaintiff.

C. On May 4, 2016, the Plaintiff obtained authorization of the management and disposal plan regarding the instant redevelopment project, and the said authorization was publicly notified on May 11, 2016.

2. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when the approval of a management and disposal plan is publicly announced, the right holder, such as the owner of the previous land or building, may not use or benefit from the plan

According to the above facts of recognition, the defendant is obligated to deliver the building of this case to the plaintiff, barring special circumstances, so it is so decided as per Disposition by accepting the plaintiff's claim.

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