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(영문) 부산지방법원 2019.08.22 2018가단332145
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 1;

B. Defendant C shall provide the real estate listed in the annex 2 list.

Reasons

1. Basic facts

A. On March 29, 2012, the Plaintiff was authorized by the head of Busan Dong on July 5, 2018 to a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project with a housing redevelopment and rearrangement project with a scale of 224,440 square meters, including each real estate listed in the attached list owned by J, as a project implementation district, and the head of Busan Dong-dong government announced the above management and disposal plan on July 11, 2018.

B. The Defendants are tenants who leased each real estate listed in the separate sheet from J, which filed an application for parcelling-out within the period of application for parcelling-out set by the Plaintiff in relation to the above housing redevelopment improvement project.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 to 6 (including a tentative number), and the purport of the whole pleadings

2. Determination:

A. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Article 81 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, is publicly notified of the approval of a management and disposal plan under Article 78(4) of the same Act, he/she shall not use or benefit from the previous land or building until the date of public notification of relocation under Article 86 of the same Act: Provided, That this shall not apply to a right holder

According to the above facts of recognition, the defendants whose use or profit has been suspended as the lessee pursuant to the notice of approval of the above management and disposal plan are obligated to deliver to the plaintiff who acquired the right to use or profit from each real estate listed in the attached list as the project implementer unless there are special circumstances

B. As to the determination of the Defendant G’s assertion, the Defendant G did not possess the deposit for lease from the lessorJ.

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