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(영문) 대전지방법원 2020.06.02 2019가단119364

건물명도(인도)

Text

1. The defendant, among the real estate listed in the annexed Form 1, has the following points in order: 1, 2, 5, 6, and 1 of the annexed Form 2.

Reasons

1. Basic facts

A. On July 20, 2007, the Daejeon Metropolitan City Mayor designated and publicly announced the area of 102,200.8 square meters in Seo-gu, Daejeon as a rearrangement zone for housing reconstruction improvement.

B. On September 20, 2007, the Plaintiff obtained authorization to establish an association from the head of Seo-gu Daejeon Metropolitan City on September 20, 2007 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), and completed establishment registration on October 18, 2007.

C. On June 4, 2008, the head of Seo-gu Daejeon Metropolitan City ordered the Plaintiff to approve the project implementation plan for the project of this case on June 4, 2008, and publicly notified the authorization of the project implementation on June 9, 2008.

The plaintiff, from January 28, 2009 to March 12, 2009, established a management and disposal plan based on the result of receiving applications for parcelling-out from the owners of land, etc., and was approved by the head of the Seo-gu Daejeon Metropolitan City and the head of the Gu on January 12, 201, respectively, on March 19, 201, and each of the above authorization dispositions was publicly notified in the Seo-gu Seoul Metropolitan City Official Gazette.

E. The Defendant leased and possessed the portion of 56.58 square meters inboard “A” (hereinafter “the instant real estate”) among the real estate listed in the attached Form 1, 2, 5, 6, and 1, among the real estate located within the instant business zone, which is connected in sequence with each point of the attached Form 1, 2, 5, 6, and 1, from the

Grounds for Recognition: Facts without dispute, Gap 1 through 6, Gap 7-10, Eul 1-1, the purport of the whole pleadings

2. According to Article 81(1) of the Act on the Determination of Grounds for Claims, when the authorization of a management and disposition plan is publicly announced, a right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, cannot use or benefit from the previous land or building until the date of public announcement of transfer under Article 86 of the same Act, and a redevelopment association can use or benefit from the former land or building as a project implementer (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010).