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(영문) 대구지방법원 2019.05.15 2018가단138986

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B received KRW 16,000,000 from the Plaintiff, and at the same time, list of real estate attached hereto 1.

Reasons

1. Determination as to claims against Defendant B and C

A. 1) The Plaintiff’s status as the Plaintiff is the Plaintiff’s housing reconstruction improvement zone A with a size of 45,839m2, Jung-gu, Daegu-gu E-gu (hereinafter “instant improvement zone”).

(2) On June 1, 2008, the Daegu Metropolitan City Mayor designated the rearrangement zone in this case on May 31, 2010. On June 20, 2014, the Plaintiff approved the establishment of the association from the head of the Gu in Daegu Metropolitan City, which was approved on May 8, 2017, and announced on May 10, 2017. The head of the Daegu Metropolitan City, which approved the Plaintiff’s management and disposition plan on February 14, 2018 and announced on June 20 of the same month. 2) Defendant B leased real estate indicated in the attached Table 1 real estate list No. 1 in the instant rearrangement zone from the owner as of June 1, 2008, and operated the gas retail business after the expiration of the lease contract.

3) At the time of February 1, 2013, Defendant C and G, the owner of the instant rearrangement zone, leased the part of “B” in the attached list Nos. 3, 4, 5, 6, and 3 among the real estate listed in the attached list Nos. 3, the owner of the instant rearrangement zone, and operated the four-day shop in succession, and continues to operate the four-day shop by implied renewal of the lease contract after the termination of the contract period. [In the absence of any dispute over the grounds for recognition, the aforementioned part of the attached list Nos. 1 through 5, 6-1, 2, 8, 7, 8, 8-1, 8, 7, 8-1, 1, 2, 1, 2, 4 through 7, and 12, and the purport of the entire pleadings, as

B. If a reconstruction project determines the cause of a claim and publicly notifies the approval of a management and disposal plan, the tenant of the previous land or structure within the rearrangement zone cannot use or benefit from the said real estate, and the project implementer may use or benefit from such real estate

[The Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents]

(1) Article 81(1) of the Act provides that “The foregoing legal provision and the above-mentioned recognition shall be followed.”