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(영문) 대구지방법원 2021.01.08 2020가단115757

건물인도

Text

Of the real estate 1 floors listed in the attached Table list, the defendant each indicated in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1.

Reasons

1. Chief;

A. The plaintiff's assertion

1. Status, etc. of parties;

A. Plaintiff A Housing Redevelopment and Improvement Project Association (hereinafter “Plaintiff Cooperatives”)

A. The Act on the Maintenance of Urban and Residential Environments (hereinafter referred to as the “Act”)

As prescribed by this Ordinance, Daegu Dong-gu Seoul Special Metropolitan City C, 71,232 square meters (hereinafter referred to as “instant improvement zone”).

The Housing Redevelopment Development and Improvement Project Association which removes old and inferior existing buildings on its ground and newly constructs incidental welfare facilities, such as apartment houses 1,458 households (standing 76 households) and neighboring living facilities on its ground; on September 16, 2015, the association establishment registration was completed on August 21, 2017; on September 12, 2018, the authorization of the project implementation plan was issued on September 20, 2018; thereafter, the authorization of the management and disposal plan was issued on September 23, 2019 (the announcement was made on September 30, 201); and each application was made on September 20, 2018 with each local committee for expropriation. < Amended by Presidential Decree No. 24475, Sep. 20, 2019>

B. The Defendant: (a) part of 40 square meters on a ship (a) which connects each point of the attached Form No. 1,2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 among the real estate listed in the attached Form No. 1 of the attached Form No. 1 to each point in sequential order (hereinafter “the instant real estate”).

The lessee has been leased.

2. The defendant's duty to deliver real estate

A. Article 81(1) of the Act on Special Cases Concerning the Right to Occupy and use the Plaintiff Cooperative’s land or building in an improvement zone cannot be used or profit from the previous land or building until the date of public announcement of transfer under Article 86 of the Act when the owner, lessee, etc. of the land or building in the improvement zone or the right-holder of the right-holder of the right is publicly notified.

Article 81 (2) of the same Act and Article 81 (2) of the same Act must remove the existing buildings after receiving the approval of the management and disposal plan under Article 74 (1).

“Each provision shall be specified.”

In this regard, the Supreme Court shall make the previous owner of the object if the approval of the management plan is publicly notified.