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(영문) 대전지방법원천안지원 2016.08.24 2016가단103411

건물명도

Text

1. The Plaintiff, Defendant B, and Defendant C, the real estate listed in the separate sheet No. 1, the real estate No. 2, and Defendant.

Reasons

1. Determination as to the claim against the defendant B

A. 1) The Plaintiff is a cooperative established for a housing redevelopment improvement project with respect to the size of F 36,859.0 square meters in the Dong-gu, Chungcheongnam-gu, Incheon-si, and the Plaintiff is the owner of the real estate listed in the attached Table 1 located in the said project area. 2) The Plaintiff is a management and disposal plan for the housing redevelopment improvement project described in paragraph (1) (hereinafter “the instant management and disposal plan”) on October 23, 2015.

The authorization was obtained, and on November 2, 2015, the astronomical City announced G of the approval plan for the management and disposal of the above administrative disposition plan (the fact that there is no dispute over the grounds for recognition, Gap Nos. 1, 4, 5, and evidence No. 2-1, and the purport of the whole pleadings).

B. According to Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when the approval of the management and disposal plan is announced, the use and profit-making by the right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building shall be suspended, and the project implementer may use and profit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). According to the above facts of recognition, according to the approval and announcement of the management and disposal plan of this case, the use and profit-making of the defendant B as to the real estate listed in the separate sheet No. 1 shall be suspended and the plaintiff may use and benefit from the real estate. Accordingly, the defendant B has the duty to deliver the above real estate to the plaintiff.

Unless the approval disposition of this case is legally revoked, it is recognized that the disposition of this case is valid, and there is no evidence that the plaintiff's request for delivery violates the good faith principle

The defendant's argument is without merit.

2. Determination as to each claim against Defendant C, D, and E

A. The Plaintiff indicated the claim No. A.