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(영문) 부산지방법원동부지원 2015.06.23 2014가단23777
건물인도
Text

1. The defendant shall deliver the building as stated in the attached Form to the plaintiff.

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

3.Paragraph 1.

Reasons

1. The following facts are acknowledged according to the overall purport of Gap evidence Nos. 1 to 3, Eul evidence No. 1-3 and No. 4, and the whole arguments.

A. The Plaintiff is an association that implements a housing redevelopment improvement project pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”). On November 16, 2005, the Plaintiff obtained authorization from the head of the Nam-gu Busan Metropolitan Government on the establishment of the project zone with the area of 165,070 square meters which is located in the Nam-gu Busan Metropolitan City, Busan Metropolitan City, as the owner of the real estate

B. On August 16, 2007, the Plaintiff obtained approval of a project implementation plan from the head of the Nam-gu Busan Metropolitan Government (hereinafter “the first project implementation plan”) and the said project implementation approval was publicly announced on August 22, 2007.

Since then, on May 10, 201, the plaintiff obtained approval of the management and disposal plan (hereinafter referred to as "the first management and disposal plan") from the head of the Nam-gu Busan Metropolitan Government on May 10, 2010.

C. On November 26, 2011, the Plaintiff held an extraordinary general meeting and decided to revise the project implementation plan (hereinafter referred to as “instant project implementation plan”), and the remaining head of Busan Metropolitan City (hereinafter referred to as “instant project implementation plan”), made a change of the project implementation plan on October 19, 201, and announced it on October 24, 2012.

The Plaintiff received an application for parcelling-out from October 25, 2012 to November 23, 2012, and passed a resolution on a management and disposition plan amended on January 26, 2013 (hereinafter “instant management and disposition plan”). The remaining head of the Busan Metropolitan City approved the instant management and disposition plan on April 4, 2013, and publicly notified it on April 10, 2013.

2. The assertion and judgment

A. According to Article 49(6) of the Urban Improvement Act, when the authorization of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, etc. of the previous land or building, cannot use or profit from the previous land or building, and the project implementer is able to use or benefit from the former land or building.

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