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(영문) 부산지방법원 2017.08.22 2017가단305658
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff each real estate listed in the separate sheet.

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

3...

Reasons

Basic Facts

The Plaintiff is an organization established to implement a housing redevelopment improvement project for the area (area 103,902.7 square meters) of one unit (area 103,902) including the site of each real estate listed in the attached Table (hereinafter “each real estate of this case”). On April 6, 2016, the Plaintiff obtained approval of the management and disposal plan for the housing redevelopment improvement project from the head of Busan Metropolitan City, Busan, and the said approval was publicly announced on April 13, 2016.

Each real estate of this case is an unauthorized building, and the defendant is the owner of each real estate of this case and the plaintiff's partner.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8 (including a provisional number; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and determination of the purport of the whole pleadings, pursuant to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Residential Environments, when a management and disposal plan is authorized and announced publicly, the owner of the previous land or building, superficies, leasee, leasee, etc., may not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54 of the same Act, and the project implementer may use or profit from the previous land or building (see, e.g., Supreme Court Decision 2012Da6251, 62578, Jul. 24, 2014). According to the above facts, according to the above recognition, the defendant, the owner of each real estate of this case, can not use or profit from each of the real estate of this case, and the plaintiff, the project implementer, who is not obligated to enjoy the real estate of this case.

As to this, the Defendant is too short of the cost of moving a house according to the assessed value of the previous assets on each real estate of this case, and the part of each real estate of this case among the 1,254 square meters in Busan-gu Busan-gu Busan-gu is based on the completion of the acquisition by prescription against the Republic of Korea

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