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(영문) 전주지방법원군산지원 2016.04.29 2016가단50233

건물명도

Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Basic facts

A. The plaintiff is a reconstruction association established for the purpose of promoting a reconstruction project of A Apartment located in Gunsan-si, Si (hereinafter "the apartment of this case"). The council of occupants' representatives of defendant A Apartment-si (hereinafter "the council of occupants' representatives of the defendant") is an organization that autonomously manages the apartment of this case.

Defendant B is the chairman of the Defendant’s council of occupants’ representatives, and Defendant C is the chairman of the organization called the reconstruction emergency countermeasure committee of the instant apartment, and Defendant D is the head of the management office of the instant apartment.

B. The Defendants possess real estate listed in the separate sheet, which is the common use area of the instant apartment, under the pretext that they perform the business to normalize the management of the instant apartment, and the affairs of the reconstruction association.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Determination on the claim of this case

A. Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents”) provides that “When the approval of a management and disposal plan is publicly announced pursuant to paragraph (3) of the same Article, any right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or benefit from the previous land or structure until the date of public announcement of relocation under Article 54 of the same Act.” If the public announcement of the approval of a management and disposal plan is made pursuant to the above provision, the use or benefit of the right holder, such as the owner, etc

(See Supreme Court Decision 2009Da53635 Decided May 27, 2010, etc.). B.

According to the health stand, Gap evidence No. 3, and the purport of the whole pleadings as to this case, the Gunsan Market on November 13, 2015 regarding the housing reconstruction improvement project of the apartment of this case.