beta
(영문) 대전지방법원 2020.02.19 2019가단120838

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in paragraph 1 of the annexed list of real estate;

B. Defendant C shall provide attached real estate.

Reasons

1. Basic facts

A. On July 20, 2007, Daejeon Metropolitan City Mayor designated and publicly announced 102,200.8 square meters in Seo-gu, Daejeon as a rearrangement zone for housing reconstruction improvement in the zone E zone.

B. The Plaintiff obtained authorization for the establishment of the head of Seo-gu Daejeon Metropolitan City on September 20, 2007 from the head of Seo-gu, Daejeon Metropolitan City, and obtained authorization for the project implementation on June 4, 2008, and the said authorization for the project implementation was publicly notified in the Seo-gu, Daejeon

C. The Plaintiff, from January 28, 2009 to March 12, 2009, established a management and disposal plan based on the result of receiving applications for parcelling-out from the owners of land, etc., and formulated a management and disposal plan on January 12, 201, and obtained the approval of the management and disposal plan and the approval of the management and disposal plan (amended) on March 19, 201 from the head of the Daejeon Metropolitan City, Daejeon Metropolitan City, respectively, and each of the above approval dispositions was publicly announced in the Seo-gu

From the owners of the land, etc. in the above reconstruction project zone, Defendant B is the lessee who leased and occupied the real estate indicated in Section 1(b) of the Disposition No. 1 (hereinafter “instant real estate”).

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 6 (including branch numbers in case of additional number), Eul evidence 1-1 to 3, Eul evidence 2, the purport of the whole pleadings]

2. Determination as to the cause of action

A. Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 9729, May 27, 2009; hereinafter the same) provides that “When the approval of a management and disposition plan is publicly announced, the owner, superficies, leaseer, etc. of the previous land or structure shall not use or benefit from the previous land or structure until the public announcement date of relocation is made pursuant to Article 54 of the same Act.” Thus, the Defendants are obligated to deliver each of the instant real estate to the Plaintiff, unless there

B. As to the Defendant’s assertion, the Defendant’s instant real estate within the instant reconstruction project zone.