beta
(영문) 대전지방법원 천안지원 2018.08.08 2016가단110563

건물명도

Text

1. Defendant E is among the indication of the real estate to be delivered to the Plaintiff by the Defendant’s attached Form “B”.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment project partnership established 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; hereinafter “former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) in order to implement the housing redevelopment improvement project (hereinafter “instant redevelopment project”).

B. On September 13, 2016, the Plaintiff obtained the approval of the management and disposal plan for the instant redevelopment project from the ASEAN Mayor, and the ASEAN Mayor publicly notified the management and disposal plan as I publicly notified on the same day.

C. 1) B, Defendant D, E, and F are the owners of each Defendant’s real estate indicated in Section B indicating the real estate to be delivered to each Defendant located within the instant redevelopment project zone. B, Defendant D, and F did not apply for an application for parcelling-out within the period of application for parcelling-out, thereby becoming subject to cash liquidation. 2) The Defendant G is the lessee of the real estate indicated in Section B, B, and 9, indicated in Section B, located within the instant redevelopment project zone.

B died on February 3, 2018, and the inheritors of B completed the agreement on division of inherited property by the Defendant C, the wife of the instant redevelopment project, solely succeeding to the property owned by B located within the instant redevelopment project zone.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including branch numbers, if any) and the purport of whole pleadings

2. Article 81(1) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14857, Aug. 9, 2017; hereinafter “Urban Improvement Act”) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14567, Feb. 8, 2017; hereinafter “Urban Improvement Act”), which was wholly amended by Act No. 14567, Feb. 8, 2017; however, the instant public notice was deemed to have been made under the amended Act pursuant to Article 25 of the Addenda (amended by Act No. 14567, Feb. 8, 2017).