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(영문) 창원지방법원마산지원 2019.10.17 2018가단6306

건물퇴거

Text

1. The plaintiff, the defendant B, and the defendant B, among the 1st floor of the building indicated in the attached Table 1, each of the attached Form 2 drawings 1, 2, 3, 4, 1.

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 the building indicated in the attached Table 1 (hereinafter “instant building”) belongs to the rearrangement zone.

B. On October 16, 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, among the instant buildings, possess and use the relevant part as a lessee for the part ordering the Defendants to leave each of the respective parts in the text of the building.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, 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 of the association, the owner, superficies, leaseer, etc. of the previous land or building cannot use or benefit from the land or building until the date of public announcement of transfer under Article 86 of the Urban Improvement Act, and the project implementer is entitled to use or benefit from the land or building (see, e.g., Supreme Court Decisions 2012Da62561, Jul. 24, 2014; 2012Da62561, 62578, etc.). Therefore, with respect to the Plaintiff who acquired the right to benefit from the use or use of the building of this case as the project implementer, the Defendants, the lessee of the building of this case

3. As to the Defendants’ assertion, the Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim until the Defendants’ compensation for losses, housing relocation expenses, directors’ expenses, etc. are paid. However, there is no evidence to acknowledge that Defendant C has the Plaintiff’s claim against the Plaintiff, such as compensation for losses, housing relocation expenses, and directors’ expenses, etc. In addition to the purport of the entire pleadings in each of the entries in the evidence Nos. 4 and 5, the Plaintiff filed the instant lawsuit and received the adjudication of expropriation for the instant building, etc., and subsequently received the adjudication of expropriation. < Amended by Presidential Decree No.