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(영문) 부산지방법원 2019.02.12 2018가단307125
부동산인도 등
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the separate sheet.

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

Reasons

1. Determination on the cause of the claim

A. On June 9, 2006, the Plaintiff is a housing redevelopment and consolidation project association with the approval of the establishment under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, which was granted by the head of the Gu of Busan Metropolitan City on June 9, 2006 by making the F 238,76

B. The head of the Busan Metropolitan Government’s annual system publicly notified the Plaintiff of the authorization to implement the project on December 19, 2008, the authorization to implement the project on January 2, 2013, and October 16, 2015, and the authorization to revise each project implementation plan on May 4, 2016, and publicly notified the Plaintiff on May 11, 2016.

C. The Plaintiff, the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), completed full compensation for losses, etc. as prescribed by the adjudication of expropriation. On February 12, 2018, the Plaintiff completed the registration procedure for transfer of ownership on February 28, 2018.

The Defendants occupy each real estate of this case as the lessee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. When a management and disposal plan under the Act on the Determination of the Grounds for Claims is authorized and publicly announced, a right holder, such as a lessee, etc. of a previous land or structure, may not use or profit from the previous land or structure, and a project implementer may use or benefit from the former land or structure (see, e.g., Supreme Court en banc Decision 91Da22094, Dec. 22, 192; Supreme Court Decision 2007Da83649, Jul. 9, 2009). In light of the above legal principles, according to the above facts of recognition, the Defendants are obligated to deliver each of the instant real estate to the Plaintiff, barring any other special circumstances.

B. (1) Determination on the Defendants’ assertion (1) is invalid since 48 members among the 1,300 members at the time of the establishment authorization of the instant case, who were missing persons, obtained authorization to establish an association by forging the written consent to establish an association, etc.

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