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(영문) 부산지방법원 2020.02.20 2019가단318955
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: The real estate listed in the separate sheet No. 1;

B. Defendant C shall provide the real estate listed in the annex 2 list.

Reasons

1. Determination as to the claim against Defendant B and D

A. The description of the claim is as shown in Appendix 4 of the Claim.

(b) Judgment on deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act);

C. According to the theory of lawsuit, Defendant B is obligated to deliver each real estate listed in the separate sheet No. 1, and Defendant D is obligated to deliver each real estate listed in the separate sheet No. 3.

2. Determination as to the claim against Defendant C

A. Basic facts 1) The Plaintiff is a housing redevelopment improvement project (hereinafter “instant project”) with approximately 126,834.1m2,000,000,000 Busan Jin-gu E, Busan as its business area.

(2) On August 21, 2018, the head of Busan District Government approved the management and disposal plan of the Plaintiff on June 29, 2018 and publicly notified on August 29, 2018.

3) Defendant C is a real estate listed in the attached Table 2 list in the instant project zone (hereinafter “instant real estate”).

The owner is the Plaintiff’s member as the Plaintiff’s member. [The fact that there is no dispute over the grounds for recognition, Gap’s evidence 1, 2-7, and the purport of the whole pleadings.]

B. Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “Any right holder, such as the owner, superficies, leaseer, etc. of the previous land or building shall not use the previous land or building or benefit therefrom by the date of public announcement of the approval of the management and disposal plan under Article 78(4) of the same Act, if there is a public announcement of the approval of the transfer under Article 86

As seen earlier, the head of Busan Special Metropolitan City, on August 29, 2018, publicly notified the approval plan for the management and disposal of the real estate of this case and Defendant C, a member of the Plaintiff, is obligated to deliver the real estate of this case to the Plaintiff, who is the project implementer, unless there are special circumstances.

C. Defendant C’s assertion of Defendant C is determined by the Plaintiff.

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