logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.12.21 2018가단109729
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B shall display an indication of the Attached Form No. 1, 2, 3, 4, and 1 among the first floor of the building listed in the Attached List.

Reasons

1. Basic facts

A. On October 16, 2015, the Plaintiff is a housing reconstruction and rearrangement project partnership established with authorization from the head of the office of the Busan Metropolitan City on October 16, 2015 for the implementation of the housing reconstruction and rearrangement project (hereinafter “instant rearrangement project”). The Defendants leased part of the instant building as indicated in the separate sheet (hereinafter “instant building”) within the instant rearrangement project zone from three non-party F and the same as indicated in the separate sheet from three other parties holding the relevant land.

B. On February 2, 2018, the Plaintiff: (a) held a general meeting to decide on a management and disposition plan; and (b) applied for the approval plan; and (c) on February 7, 2018, the said approval was publicly notified by the head of the North Korean government.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1 through 4, the purport of whole pleadings

2. According to the main sentence of Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), when a management and disposal plan is authorized and publicly announced, the owner of a right, such as the owner, superficies, leasee, etc. of the previous land or building may not use or profit from the previous land or building by the date of public announcement of transfer under Article 86 of the same Act, and the project implementer may use or profit from the previous

(2) The Defendants’ use and profit-making of the instant building was suspended by the authorization and public notice of the management and disposal plan regarding the instant rearrangement project (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Plaintiff has the right to demand the Defendants to withdraw from each occupation of the instant building, barring any other special circumstance.

3. Judgment on the defendants' assertion

A. The Defendants are guaranteed the contractual term under the Commercial Building Lease Protection Act.

arrow