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(영문) 창원지방법원 마산지원 2018.04.25 2017가단103446

건물명도(인도)

Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is entitled to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a redevelopment project with a size of 103,621.76 square meters as an improvement zone in Yongsan-si, Changwon-si.

(2) On December 15, 2015, the original city approved the Plaintiff’s management and disposition plan and announced it.

3) The defendant occupies the above real estate as the owner of the real estate listed in the separate sheet in the above rearrangement zone.

B. Determination 1) The main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides that “When the authorization of the management and disposal plan is publicly announced, the owners, superficies, persons having right to lease on a deposit basis, and lessees, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date of the public announcement of transfer under Article 54.” Thus, when the public announcement of the approval plan for the management and disposal plan is made, the use of or profit from the right holders, such as owners, superficies, persons having right to lease, lease, etc. of the previous land or buildings shall be suspended, and the project implementer may use or profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the defendant, who is the owner of

2. Judgment on the defendant's assertion

A. The defendant has filed an application for parcelling-out with the plaintiff as the owner of the real estate listed in the attached list.

However, without faithfully consulting with the defendant, the plaintiff set the compensation appraisal price for the real estate stated in the attached list too low, based only on the general compensation criteria.

Therefore, the plaintiff will be future.