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(영문) 부산지방법원동부지원 2015.07.24 2015가단344
건물인도
Text

1. The defendant shall leave the building indicated in the attached list to the plaintiff.

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

3...

Reasons

1. Facts of recognition;

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 lessee of real estate listed in

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 “instant project implementation plan”), and the head of the Busan Metropolitan City remaining head of the Gu, on October 19, 2012, announced the change of the project implementation plan on October 24, 201.

On January 26, 2013, the Plaintiff passed a resolution on the revised management and disposition plan (hereinafter “instant management and disposition plan”), and the remaining head of Busan Metropolitan City approved the instant management and disposition plan on April 4, 2013, and publicly notified it on April 10, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Judgment on the party's assertion

A. According to Article 49(6) of the Urban Improvement Act, when the approval of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or structure, can not use or profit from the previous land or structure, and the project implementer can use or benefit from the former land or structure. According to each of the above facts recognized, the plaintiff shall authorize the management and disposal plan in

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