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(영문) 부산지방법원서부지원 2020.09.10 2019가합103237 (1)
건물명도(인도)
Text

The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

The costs of lawsuit shall be borne by the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established for the purpose of the Housing Redevelopment and Improvement Project (hereinafter “instant project”), which is the owner of each real estate listed in the separate sheet located in the instant project area (hereinafter “each of the instant real estate”).

B. On August 14, 2019, the Plaintiff was authorized by the head of Busan District Office to manage and dispose of the instant project, and the head of Busan District Office publicly notified the management and disposal plan on August 21, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 12 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. When the determination of the approval plan for the management and disposal of causes for claims is publicly notified, rightful persons, such as owners, etc. of the previous lands or structures shall not use or profit from the previous lands or structures until the date of public announcement of relocation under the Urban Rearrangement Act, and the implementer of a housing redevelopment project shall remove the existing structures after receiving

The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act").

(see Article 81(1) and (2). In such cases, a project implementer may seek delivery of the land or buildings against any right holder, such as the former owner, based on such right to use and benefit.

In light of the above legal principles, the Defendant, the owner of each real estate of this case, is obligated to deliver each real estate of this case to the Plaintiff, the implementer of the housing redevelopment project, who is subject to the management and disposal plan.

3. Judgment on the defendant's defense

A. The gist of the Defendant’s assertion 1) As the compensation for damages for each real estate of this case was not completed, the Plaintiff cannot respond to the Plaintiff’s request for extradition pursuant to the proviso of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas (hereinafter “Urban Areas Act”).

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