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(영문) 부산지방법원동부지원 2015.08.21 2014가단216371
건물명도
Text

1. Defendant B delivers to the Plaintiff the building indicated in the attached list, and Defendant C is among the buildings listed in the attached list.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of each statement in Gap evidence Nos. 1 through 8 and 11 through 15 (including branch numbers), the plaintiff obtained authorization of the project implementation plan (hereinafter "the first project implementation plan") from the head of Nam-gu, Busan on May 15, 2008 and obtained authorization of the project implementation plan (hereinafter "the project implementation plan in this case") on June 22, 2012 from the head of Busan on August 2, 2013, the management and disposal plan (hereinafter "the management and disposal plan in this case") pursuant to Article 49 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the Urban Improvement Act"), and the management and disposal plan in this case was approved by the head of Busan on August 2, 2013 by the head of the Nam-gu, Busan on the same day.

7. The facts notified, Defendant B is the owner of the building indicated in the attached list (hereinafter referred to as “instant building”) located in the redevelopment improvement project zone. Defendant C is the subject of cash liquidation who did not apply for the application to the Plaintiff, Defendant C is the fourth floor among the instant building, and Defendant D is the lessee of the fifth floor among the instant building; the Plaintiff applied for the adjudication of expropriation to the Busan Metropolitan City Regional Land Expropriation Committee, which would not reach an agreement on the compensation for the instant building with Defendant B, and the said Committee rendered the adjudication of expropriation on March 16, 2015 on the date of expropriation on May 8, 2015. The Plaintiff can be recognized on May 1, 2015 by having deposited Defendant B as a depositee.

B. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas, when the approval of a management and disposal plan is publicly announced, a right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, may not use or benefit from the previous land or building, and the project implementer may use or benefit from the former land or building. The plaintiff

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