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(영문) 창원지방법원마산지원 2019.01.10 2018가단103856

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 1 of the attached Table;

B. The defendant C shall be listed in paragraph 2 of the attached Table.

Reasons

1. Basic facts

A. The Plaintiff is an association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement a redevelopment project (hereinafter “instant project”) within the Changwon-si Jilwon-gu, Changwon-si (103,621.76 square meters).

B. On December 15, 2015, the Plaintiff established a management and disposal plan by receiving applications for parcelling-out from the owners of land, etc. in the instant project zone, and the Changwon Mayor approved the Plaintiff’s management and disposal plan and publicly notified it on December 15,

(hereinafter referred to as “instant notice”). C.

Defendant B, C, D, and E possess each of the instant real estate listed in the separate sheet in the improvement zone (hereinafter “each of the instant real estate”), and Defendant F, G, H, and I possess each of the instant real estate as a lessee.

On the other hand, Defendants B, C, D, and E are eligible for cash settlement who have failed to apply for parcelling-out within the period of application for parcelling-out.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the main sentence of Article 81(1) of the Act on the Determination of Grounds for Claims, when a management and disposal plan is authorized and publicly announced, a right holder, such as the owner, superficies, a person having a right to lease on a deposit basis, and a lessee, etc. of the previous land or buildings, shall not use or profit from the previous land or buildings until the date of public announcement of transfer under Article 86 of the same Act, and the

Therefore, barring special circumstances, the Defendants whose use or profit has been suspended pursuant to the instant public notice are obligated to deliver the real estate to the Plaintiff who acquired the right to use or profit from each of the instant real estate as the project implementer.

3. Defendant C, D, and E (hereinafter “three parties, such as Defendant C”) are “Act on Acquisition of and Compensation for Land, etc. for Public Works Projects” from the Plaintiff.