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(영문) 전주지방법원군산지원 2016.05.03 2015가단55835

건물명도

Text

1. The Plaintiff:

A. Defendant B at the same time receiving KRW 20,000,000 from the Plaintiff

1. An entry in the list;

Reasons

1. Facts of recognition;

A. The Plaintiff is a reconstruction project association under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) that completed the establishment registration on October 19, 201 with the approval of establishment from the Gunsan-si mayor on October 19, 2012 for the purpose of promoting the reconstruction project of the Gunsan-si A apartment (hereinafter “instant apartment”).

B. On November 13, 2015, the Plaintiff obtained approval of a management and disposition plan under Articles 48 and 49 of the Act on the Maintenance and Improvement of Urban Areas from the Si of Gunsan. This was publicly announced.

(G) Sinsan City Notification G). (c)

Defendant B, C, D, and F are respective lessees of the relevant real estate portion as stated in paragraph (1) of the order of the apartment of this case, which is the project implementation district of the Plaintiff’s association, (hereinafter “the instant building portion”), and E is the father and wife of D, and they are currently under possession of the said building portion.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Article 49(6) of the Urban Improvement Act provides that "When the approval of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall not use or benefit from the previous land or building until the date of public announcement of relocation under Article 54 of the same Act." If the approval of a management and disposition plan is publicly announced pursuant to the above provision, use or benefit from the previous land or building owner, etc. shall be suspended, and the project implementer may use or benefit from the former land or building owner, etc., and the project implementer may request the right holder to transfer the pertinent real estate prior to

(See Supreme Court Decision 2009Da53635 Decided May 27, 2010, etc.). B.

Comprehensively taking account of the facts acknowledged earlier, it is recognized that there was a public notice on November 13, 2015 on the management and disposal plan of the military market regarding the housing reconstruction rearrangement project of the apartment of this case, and accordingly, it is accordingly recognized.