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(영문) 창원지방법원 마산지원 2018.04.24 2018가단100338

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Facts of recognition;

A. In order to implement a reconstruction project, 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”), and real estate listed in the separate sheet (hereinafter “instant real estate”) belongs to the rearrangement zone.

B. On September 29, 2017, the Changwon market approved and publicly notified the Plaintiff’s management and disposal plan.

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

The defendant currently occupies the immovables of this case as the lessee.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. According to Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas (amended by Act No. 14567, Feb. 8, 2017) (amended by Act No. 14567, Feb. 8, 2017), when a management and disposal plan is authorized and publicly announced, the owners, persons with superficies, persons having rights to the previous land or buildings, persons having rights to lease, and lessees, etc. may not use or benefit from the previous land or buildings until the date of public announcement of transfer under Article 54 of the same Act, and the project implementer may allow them to use or benefit from the former land or buildings (see, e.g., Supreme Court Decisions 2009Da53635, May 27, 2010; 2012Da62561, 62578, Jul. 24, 2014). Accordingly, the Defendant, as the lessee of this case, whose use or benefit from the instant real estate has

3. The plaintiff's claim for conclusion is accepted on the ground of the reasons.