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(영문) 부산지방법원 2016.09.29 2016가단13181
건물인도
Text

1. The plaintiff, the defendant B delivers the building listed in the attached list, and the defendant C delivers the building listed in the attached list.

Reasons

1. Facts of recognition;

A. The Plaintiff Union is the redevelopment and consolidation project association whose area covers 43,872m2 square meters in Seo-gu Busan, Seo-gu.

B. The Plaintiff Union was authorized to revise the project implementation plan on September 2, 2014 by the head of the Seo-gu Busan Metropolitan Government, and was authorized to revise the management and disposal plan on February 26, 2016, and was publicly notified on March 2, 2016.

C. Defendant B is the owner of the building indicated in the attached list (hereinafter “instant building”) located in the zone where the maintenance project of the Plaintiff Union is implemented, and Defendant C is the same as Defendant B’s partner, and is residing in the instant building with Defendant B.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap evidence 1 through 3, the purport of whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the public notice of the modification of the above management and disposal plan, Defendant B, the owner of the building of this case located within the rearrangement project implementation zone of the Plaintiff Union, lost the right to use and profit from the building of this case, and Defendant B, the owner of the building of this case, acquired the right to use and profit from the building of this case for the implementation of the rearrangement project,

B. As to the Defendants’ assertion, the Defendants asserted that Defendant C is the owner of the Seo-gu Busan, Seo-gu, Busan, the site for the instant building (hereinafter “instant land”), and the lessee of the instant building, who did not receive the Plaintiff’s right to sell or the compensation for losses, etc. from the Plaintiff Cooperative, and thus, they cannot comply with the Plaintiff Cooperative’s claim for transfer and withdrawal.

Therefore, Article 48 (7) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall provide for necessary matters concerning the contents of management and disposal plans, the method of management and disposal, and accordingly, the Enforcement Decree of the same Act.

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