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(영문) 부산지방법원 2016.06.21 2015가단241781
건물명도
Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the attached Table 3 list;

B. Defendant C is listed in Appendix 4 List 1.

Reasons

1. As to the claims against the remaining Defendants other than Defendant N

A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

(b) Defendant 1 through 7, and 9 through 12: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

(c) Defendant 8: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. As to the claim against Defendant N

A. 1) The Plaintiff is a housing redevelopment and rearrangement project association established with the area of 232,885 square meters located in Busan Dong-gu, Busan as its business area. The Plaintiff is a housing redevelopment and rearrangement project association established with the authorization of the head of Dong-gu, the competent authority on April 28, 2006, which completed the registration of incorporation on May 2, 2006 (hereinafter “Urban Improvement and Improvement Act”).

(2) After receiving an authorization for project implementation on May 13, 2010 from the head of the Dong-dong, the Plaintiff received an approval for the management and disposal plan under Articles 48 and 49 of the Urban Improvement Act on July 20, 2015.

The above management and disposal plan was approved and announced on July 29, 2015.

3) On June 30, 2014, Defendant N indicated in the [Attachment 13] List of Buildings located in a reconstruction project zone (hereinafter “instant building parts”) around June 30, 2014

[The entry of Gap evidence No. 1 and the purport of the whole pleadings based on recognition] are leased and possessed.

B. Article 49(6) of the Act on the Determination of Grounds for a Claim provides that “When the authorization of a management and disposition plan is publicly announced, the owners, superficies, persons having rights to the previous land or buildings, persons having rights to lease, lease, lease, etc. shall not use or benefit from the previous land or buildings until the date of the public announcement of relocation under Article 54 of the same Act.” If the public announcement of the authorization of a management and disposition plan is made pursuant to the above provision, the use or benefit of the owners, etc. of the previous land or buildings shall be suspended, and the project implementer may use or benefit from the former land or buildings, and the project implementer may request the owner of the previous

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