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(영문) 부산지방법원서부지원 2020.07.23 2019가합103220 (1)
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

Basic Facts

The related plaintiff of the parties is a housing redevelopment project partnership established to implement a housing redevelopment project with the area of project district of 69,774.7 square meters located in Busan Seo-gu D, Busan, and the purpose of the project is to remove old buildings within the above area and construct new buildings on the site, thereby contributing to improving the urban and residential environment and improving the residential stability and the quality of residential life of the members.

The defendant is the owner of the real estate listed in the attached list in the project implementation district, and is the member who applied for parcelling-out with consent to the above project implementation.

In accordance with the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Maintenance and Improvement Act"), the Plaintiff was authorized to establish an association on September 13, 2005 by the head of the Busan Metropolitan City head of the Gu, and was authorized to implement the project on July 7, 2006.

The plaintiff did not continue to implement the improvement project in the early stage and resumed it in 2015.

On January 28, 2018, the Plaintiff prepared a project implementation change plan since 2017 and formulated a project implementation change plan with the consent of the union members.

On August 22, 2018, the head of Sari-gu Busan Metropolitan Government changed the project implementation plan, and the change of the project implementation plan was announced on August 29, 2018.

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

The plaintiff shall prepare a management and disposal plan plan on March 10, 2019 on the basis of the current status of the application for parcelling-out as above.

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