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(영문) 부산지방법원동부지원 2015.08.06 2014가단215743
건물명도
Text

1. The defendant shall deliver to the plaintiff the building indicated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim Gap's evidence Nos. 1 through 8 and 11 through 15 (including branch numbers), the plaintiff was authorized by the management and disposal plan pursuant to Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents"), and the above authorized management and disposal plan shall be the same month.

7. The facts notified. The defendant is the owner of the building listed in the separate sheet in the above redevelopment improvement project zone (hereinafter referred to as the "building in this case") and is the owner of the building in the separate sheet in the above redevelopment project zone and is the person subject to cash liquidation not applying for parcelling-out, and the plaintiff applied for an expropriation ruling to the Busan Metropolitan City Regional Land Expropriation Committee in order not to reach an agreement on the compensation for the building in this case with the defendant. The above committee made an expropriation ruling on March 16, 2015 on the date of expropriation on May 8, 2015, and on May 1, 2015, the plaintiff deposited the total amount of the compensation for losses with the defendant as the person subject to deposit.

According to Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas, when the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, cannot use or profit from the previous land or structure, and the project implementer can use or profit from it. According to the above facts of recognition, the plaintiff completed the compensation for losses due to the expropriation ruling after the authorization and public announcement of the management and disposal plan, and thus, the

2. Judgment on the defendant's assertion

A. The gist of the defendant's assertion ① while the plaintiff actually changed the project execution plan which was originally prepared and approved, the plaintiff obtained the procedure, such as the consent of its members.

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