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(영문) 창원지방법원 마산지원 2018.10.24 2017가단107462

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in Section 4 of [Attachment];

B. Defendant C is listed in [Attachment List 5].

Reasons

1. Facts of recognition;

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”) to implement a housing redevelopment project on the area of 103,621.76m2 (hereinafter “A”) of the Masan-si, Changwon-si E-Gu, Changwon-si, and each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) belongs to the rearrangement zone.

B. On December 15, 2015, the Changwon market approved and publicly notified a management and disposal plan for A Housing Redevelopment Improvement Project.

(hereinafter referred to as “instant notice”) C.

The defendants are owners of each real estate of this case, who have become eligible for cash settlement because they failed to apply for parcelling-out to the plaintiff within the period of application for parcelling-out, and currently possess each real estate of this case.

On December 26, 2017, under the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor (hereinafter “Public Works Act”), the Gyeongnam-do Regional Land Expropriation Committee rendered a ruling to expropriate each of the instant real estate by the Defendants (the date of commencement of expropriation on February 19, 2018).

On February 9, 2018, the Plaintiff deposited the amount of compensation for losses (settlement money) as stipulated in the above ruling with the Defendants as the deposited parties.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 4, 9, Gap's 10-1 through 3, the purport of the whole pleadings

2. After the instant public notice of Article 81(1) main text of the Act on the Determination of Grounds for Claim, the Urban Improvement Act was wholly amended by Act No. 14567, Feb. 8, 2017; however, the instant public notice was deemed to have been made under the amended Act pursuant to Article 25 of the Addenda (amended by February 8, 2017). As such, Article 81 of the former Urban Improvement Act, which is not Article 49 of the former Urban Improvement Act (amended by Act No. 14567, Feb. 8, 2017), which is a current Act, rather than Article 89 of the former Urban Improvement Act.

According to the above, when the management and disposal plan is authorized and publicly announced, the previous land or structure is the same.