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(영문) 부산지방법원 2019.07.09 2018가단14027
건물명도(인도)
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

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

3...

Reasons

1. Determination on the cause of the claim

A. The Plaintiff is an association that has obtained approval for the establishment of a housing redevelopment project (hereinafter “instant project”) under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; Act No. 14567, Feb. 9, 2018; Act No. 15548, Feb. 9, 2018; Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) under Article 25 of the Addenda to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the housing redevelopment project (hereinafter “instant project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “the Act”).

B. The Defendant is the owner of the real estate listed in the attached list in the above project zone (hereinafter referred to as “instant real estate”), who consented to the establishment of an association, and is a person who has become a partner by filing an application for parcelling-out around February 5, 2017, within the period for filing an application for parcelling-out as determined by the Plaintiff.

Article 22(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”), and Article 2(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”), Article 2(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”). Article 2(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”). Article 2(1) of the Act on the Protection and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act”).

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 6, 8-1, 2-2, and the purport of the whole pleadings

B. According to the main sentence of Article 81(1) of the Act, when the approval of the management and disposal plan is publicly notified pursuant to Article 78(4), a right holder, such as the owner of the previous land or building, etc., cannot use or benefit from the previous land or building until the date of public notice of transfer under Article 86 of the Act.

We examine the above facts of recognition.

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