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(영문) 부산지방법원 2017.11.30 2016가단314372
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet No. 1;

B. Defendant C is a building listed in the separate sheet No. 2. C.

Reasons

1. Facts of recognition;

A. The Mayor of Busan Metropolitan City on January 11, 2006 designated the Dongdong-gu E as a rearrangement zone.

B. On April 28, 2006, the Plaintiff is an association which registered the establishment of May 2, 2006 after obtaining authorization from the head of Dong-gu Busan Metropolitan City (hereinafter referred to as the “Dong-dong head”) to implement a housing redevelopment project in the above rearrangement zone.

C. The Plaintiff obtained approval from the head of Dong-dong head on May 12, 2010, and obtained approval for the project implementation plan on August 29, 2014, and obtained application for parcelling-out based on the project implementation plan approved for modification as above.

On July 20, 2015, the Plaintiff received the approval of the management and disposal plan from the head of the Dong-dong, and the head of the Dong-dong office publicly notified the details related to the management and disposal plan on July 29, 2015.

E. Defendant B is the lessee of the building indicated in the separate sheet No. 1; Defendant C is the lessee of the building indicated in the separate sheet No. 2; Defendant D is the lessee of the building indicated in the separate sheet No. 3; and each of the above buildings is within the above rearrangement zone.

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

2. Defendant C asserts that the instant lawsuit is unlawful as it was filed by a person without the power of representation, on the ground that, although F was elected as the president of the Plaintiff and reappointed after the expiration of the term of office, it did not obtain authorization from the head of the same Gu for modification of the establishment of the association, and that it is not entitled to represent the Plaintiff by misrepresenting a false academic background in the election of the president of the association, and by being elected as the president of the association

Even according to the Defendant C’s assertion, it is difficult to see that F is reappointed by being elected as the president of the Plaintiff’s association, and therefore, it is difficult to view that F is changed with the matters approved in relation to the establishment of the association, and there is no evidence to prove that F assumes false academic background in the election of the president.

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