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(영문) 부산지방법원 2020.01.16 2019가단314465
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B received KRW 95,000,000 from the Plaintiff and simultaneously entered in the separate sheet No. 1.

Reasons

1. Claim against Defendant B and C

A. Basic facts 1) The Plaintiff is a housing redevelopment improvement project (hereinafter “instant project”) with approximately 126,834.1m2,000,000,000 Busan Jin-gu E, Busan as its business area.

(2) On August 21, 2018, the head of Busan District Government approved the management and disposal plan of the Plaintiff on June 29, 2018 and publicly notified on August 29, 2018.

3) Defendant B is the Plaintiff’s member’s real estate indicated in the attached Table 1 (hereinafter “real estate 1”) located within the instant business area from F.

(A) A person who leases and occupies the above real estate, and the Defendant C is the real estate listed in the attached Table 2 (hereinafter “second real estate”) located in the instant business area.

(i) the owner and the Plaintiff’s partner [the fact that there is no dispute over the grounds for recognition, Gap’s evidence 1, 2-1 to 3-3, the purport of the whole pleadings, and the purport of the whole pleadings.

B. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “The owner, superficies, person having a right to the previous land or building, leaser, etc. shall not use or benefit from the previous land or building by the date of public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act, if the public announcement of the approval plan is made under Article 86(4) of the same Act.

As seen earlier, the head of Busan Special Metropolitan City, the head of Busan Special Metropolitan City, issued a public notice of the approval of the management and disposal plan on August 29, 2018. Therefore, barring any special circumstance, Defendant B, the lessee of the first real estate, and Defendant C, the Plaintiff, the lessee of the second real estate, is obligated to deliver the second real estate to the Plaintiff, and Defendant C, the Plaintiff’s partner.

C. As to the Defendant B’s assertion, the Defendant B, the lessor of the first real estate, made a lease deposit against the Defendant B.

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