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(영문) 창원지방법원마산지원 2017.08.23 2016가단106318

건물명도

Text

1. The Plaintiff:

A. Defendant B, among the 1st floor of the building listed in the attached Table 1, shall include the indication of the attached Form 1 drawings A, B, C, D, and A.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and consolidation project 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 housing redevelopment project with the size of 63,773m2 as a rearrangement zone with the size of 63,73m2 in Changwon-si, Changwon-si.

B. On January 7, 2016, the Plaintiff received a management and disposal plan from the original market on January 7, 2016, and the original market publicly notified the management and disposal plan on January 7, 2016.

C. Nonparty E is an order of Nonparty E located in the rearrangement zone.

The owner of the building indicated in the port (hereinafter referred to as the “building 1 of this case”) is a partner who completed the application for parcelling-out, and the Defendant B is an occupant of the building 1 of this case.

Defendant C is located in the rearrangement zone No. 1-B.

The owner of a building indicated in the port (hereinafter referred to as the "second building of this case") who has not filed an application for parcelling-out and is the occupant of the second building of this case.

[Basis] Facts without dispute, Gap evidence Nos. 1, 2-2, 3-3, 4-4, 5 (35, 75, 76 pages), 6-1, and 2-1, and the purport of the whole pleadings

2. As to the cause of the claim

A. The main text of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of transfer under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, the use or profit-making of the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May 27,

Therefore, the plaintiff who acquired the right to use and benefit as a project implementer is above.