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(영문) 부산지방법원 2019.06.25 2018가단340405
건물명도(인도)
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. Determination as to the cause of claim

A. The facts of recognition (i.e., the Plaintiff was wholly amended by Act No. 14567, Feb. 8, 2017; Act No. 14567, Feb. 9, 2018; and Article 25 of the Addenda of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”) provides that “any decision, disposition, procedure, and other activities under the previous Act at the time this Act enters into force shall be deemed to have been conducted under the provisions of this Act; hereinafter the same shall apply) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “instant project”) to implement the housing redevelopment improvement project (hereinafter referred to as the “project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the “Urban Improvement Act”).

B. The Defendant, as the owner of the real estate listed in the attached list in the above project zone (hereinafter referred to as “instant real estate”), agreed to establish an association, and is a person who has become a partner by filing an application for parcelling-out around February 15, 2017, which is within the period for filing an application for parcelling-out as determined by the Plaintiff.

Article 22(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”), and Article 2(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”), Article 2(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”). Article 2(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”). Article 2(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”).

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings

B. According to the main sentence of Article 81(1) of the Act, when the approval of the management and disposal plan is publicly notified pursuant to Article 78(4), a right holder, such as the owner of the previous land or building, etc., cannot use or benefit from the previous land or building until the date of public notice of transfer under Article 86 of the Act.

In addition to the above facts of recognition, the above legal principles are added.

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