beta
(영문) 수원지방법원안양지원 2017.10.27 2017가단106716

건물명도(인도)

Text

1. The plaintiff, the defendant B shall be the second floor among the buildings listed in the attached Table No. 2, and the defendant C shall be the same as the attached Table No. 3.

Reasons

1. Facts of recognition;

A. During Ansan-si, the Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters in Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 2, 2015, and was publicly notified of the management and disposal plan on April 22, 2016.

B. Defendant B leased and possessed two floors from E among the real estate listed in paragraph (2) of the attached Table No. 2 in the redevelopment zone of this case, and Defendant C leased and possessed two floors from among the real estate listed in paragraph (3) of the attached Table No. 3 of this case (hereinafter referred to as “each building of this case”) from F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 20 (including each number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents under Article 1 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval and announcement of a management and disposal plan for a redevelopment project is made, the owner, superficies, leasee, etc. of the previous land or structure may not use or profit from the previous land or structure without the consent of the project implementer until the date of the public announcement of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. The purpose of Article 1 of the Act on the Maintenance and Improvement of Urban Areas and the measures to implement a rearrangement project under Articles 36 through 45 of the Act on the Maintenance and Improvement of Urban Areas and Article 47 of the Act on the Maintenance and Improvement of Urban Areas impose a duty to liquidate in cash on the owner of the land