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(영문) 부산지방법원 2018.05.31 2017나61034
건물명도(인도)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project partnership established to implement the housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) of Busan Dong-gu D (hereinafter “instant rearrangement zone”). At the time the Plaintiff commenced the instant rearrangement project, the Defendants jointly owned the buildings listed in the attached Table (hereinafter “instant building”) located in the instant rearrangement zone at the time of the Plaintiff’s commencement of the rearrangement project, and are currently jointly occupied.

B. 1) On April 28, 2006, the Plaintiff is the head of Dong-gu Busan Metropolitan City (hereinafter “Dong-gu”) pursuant to the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 7959, May 24, 2006).

After obtaining authorization to establish the association from the same year;

5.2. The registration of incorporation shall be completed.

2) On January 11, 2006, the Mayor of Busan Metropolitan City publicly announced the designation of the housing redevelopment improvement zone within four years from the date of the designation of the zone with respect to the time scheduled to implement the rearrangement project (the Busan Metropolitan City publicly notified E), on April 4, 2007, the designation of the housing redevelopment improvement zone was changed to the size of 232,637 square meters (the Busan Metropolitan City notified F), and on February 3, 2010, the designation of the housing redevelopment improvement zone was changed to the size of 232,885 square meters due to the increase of the size due to the cadastral boundary survey (the Busan Metropolitan City announced G. 3). The Plaintiff obtained the approval from the head of Dong on May 12, 2010 on the implementation of the housing redevelopment improvement project on the size of the rearrangement zone of 232,885 square meters (the Busan Metropolitan City announced on May 19, 2010).

(J) On September 3, 2014, the Plaintiff, based on the project implementation plan revised as above, from September 17, 2014.

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