beta
(영문) 창원지방법원마산지원 2019.09.26 2019가단101116

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: 4 of the buildings listed in the attached Table No. 4;

B. Defendant C shall be attached hereto.

Reasons

1. Basic facts

A. The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the implementation of the redevelopment project, and each real estate listed in the attached Table 1’s real estate list (hereinafter “each real estate of this case”) belongs to the rearrangement zone.

B. On May 29, 2017, the Changwon market approved and publicly notified the Plaintiff’s management and disposal plan pursuant to Article 78 of the Urban Improvement Act.

C. The Defendants occupy each of the instant immovables as the lessee of the part ordering each performance in the text of the instant real estate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including the number of each branch), the purport of the whole pleadings

2. In cases where an administrative agency having jurisdiction over the determination of the cause of the claim publicly notifies the approval plan for the management and disposal plan, the owner, superficies, leaseer, etc. of the previous land or building cannot use or profit from the land or building until the date of the public announcement of transfer under Article 86 of the Urban Improvement Act, and the project implementer is entitled to use or profit from the land or building (see, e.g., Supreme Court Decisions 2012Da62561, Jul. 24, 2014; 2012Da62561, 62578, etc.). Therefore, the Defendants, as the lessee of each of the instant real estate, possess or use each of the instant real estate, are obligated to hand over the Plaintiff who acquired the right to use or benefit from each of the instant real estate, as the project implementer, to the part

3. Defendant C’s assertion is alleged to the effect that the Plaintiff cannot respond to the Plaintiff’s claim until receiving the housing relocation expenses, relocation expenses, etc. as prescribed by the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Public Works Act”). However, Defendant C has the claim against the Plaintiff, such as the housing relocation expenses, relocation expenses, etc.