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(영문) 부산지방법원동부지원 2015.07.24 2015가단4100
건물인도
Text

1. The defendant shall leave from the real estate stated in the attached list.

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

3.Paragraph 1.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim Gap's evidence Nos. 1 through 4, the management and disposal plan for the A-Housing Redevelopment Project promoted by the plaintiff in the Nam-gu Seoul District Court was approved on May 10, 2010 and publicly notified on May 19, 2010, and the plaintiff can recognize the fact that the plaintiff deposited compensation in accordance with the Busan Metropolitan City local Land Tribunal's adjudication on October 30, 2014 to D, the owner of real estate in the attached list, which was leased by the defendant in the above rearrangement project zone. Thus, the defendant is obligated to deliver to the plaintiff the real estate in the attached list under Article 49 (6)

2. The defendant's assertion regarding the above real estate has been operated for more than 10 years. Since the defendant argued that the above real estate cannot be transferred since the moving expenses have not been paid, according to the proviso of Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, in case where the compensation for losses under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor has not been completed, the owner, lessee, etc. of the previous land or building may use and benefit from the previous land or building, but there is no evidence

3. It is so decided as per Disposition by admitting the plaintiff's claim of this case.

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