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(영문) 부산지방법원 서부지원 2018.12.14 2018가단6097
건물인도
Text

1. The Plaintiff:

A. Defendant B delivers a building listed in the separate sheet;

B. Defendant C shall enter the attached list.

Reasons

1. Basic facts

A. On April 25, 2005, the Plaintiff is a housing redevelopment and rearrangement project partnership established with the approval of the head of the Ministry of Education on April 25, 2005 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) covering the area of 72,313.6 square meters in Busan Seo-gu, Busan. Defendant B is a member who owns and occupies real estate listed in the separate sheet (hereinafter “instant building”) and its site within the instant rearrangement project zone and completed the application for parcelling-out within the period for parcelling-out within which the Plaintiff performed the application for parcelling-out, and Defendant C leased and uses the second floor of the instant building from Defendant B to the south-dong of Defendant B.

B. On September 24, 2017, the Plaintiff: (a) held a general meeting on September 24, 2017, resolved a draft management and disposal plan; and (b) applied for approval of the management and disposal plan; and (c) on November 14, 2017, the said approval was publicly notified on November 22, 2017 with the approval from

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, 5 (including paper numbers), Eul 1, 2, 3, Eul 1, 2, and 2, and the purport of the whole pleadings

2. Determination

A. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; and effective February 9, 2018; and Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 9, 2018); thus, even if prior to the enforcement of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 1538, Feb. 9, 2018), the approval of the management and disposal plan shall be deemed an administrative disposition plan under the Act on the Improvement of Urban Areas and Dwelling Conditions for Residents

Article 49 (6) shall apply to the owners, etc. of the previous land, buildings, etc. when the management and disposal plan is authorized and publicly announced.

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