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(영문) 창원지방법원 마산지원 2018.03.14 2017가단107448

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. Indication of claim;

A. The Plaintiff is a housing redevelopment and consolidation project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the “A housing redevelopment project” with the size of 103,621.76 square meters as a rearrangement zone in Changwon-si, Changwon-si.

B. On December 15, 2015, the Plaintiff received a management and disposal plan from the original market, and the original market publicly notified the management and disposal plan on the same day.

C. The Defendant is the lessee and occupant of the real estate indicated in the attached list located in the improvement zone.

Article 49(6) main sentence of Article 49(6) of the Urban Improvement Act provides that “When the authorization of a management and disposition plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building until the date of the public announcement of relocation under Article 54.” Thus, when the approval of a management and disposition plan is publicly notified, use or profit from the former land or building by the right holder, such as the owner, superficies, leasee, leasee, etc., shall be suspended, and the project implementer may use or profit from the former land or building (see Supreme Court Decision 2009Da53635, May

The defendant whose use or profit has been suspended in accordance with the notification of the above management and disposal plan is obligated to deliver the real estate stated in the attached Table to the plaintiff who acquired the right of use

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);