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(영문) 창원지방법원마산지원 2017.12.14 2017가단104449 (1)

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 as to the cause of claim

A. 1) The Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district covers 5,246.60 square meters of H in Changwon-si, Changwon-si, the Plaintiff is a housing redevelopment and rearrangement project association whose project implementation district is 5,246.60 square meters, and on February 28, 2008, the real estate listed in the attached Table is located within the said project implementation district, and the Defendant is a tenant of the said real estate.

3) On November 25, 2016, the Changwon market approved and publicly notified a management and disposition plan against the Plaintiff. [The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings]

B. According to the main sentence of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when a management and disposal plan is authorized and its announcement is made, the owner of the previous land or structure cannot use or benefit from the previous land or structure until the date of the public announcement of relocation under Article 54 of the same Act. As recognized earlier, the public announcement of the approval of the management and disposal plan was made. Therefore, the defendant cannot use or benefit from the real estate listed in the attached

2. The defendant's assertion is asserted that his mother has resided in the real estate listed in the separate sheet for 60 years, and thus, he wishes to reside in the above real estate until his mother's death. However, the above circumstance cannot be deemed to constitute a circumstance under which the obligation to deliver real estate should be exempted. Thus, the defendant's assertion shall not be accepted.

3. Conclusion, the plaintiff's claim is justified and acceptable.