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(영문) 전주지방법원군산지원 2016.10.25 2015가단55972

건물명도

Text

1. The Defendants deliver to the Plaintiff each of the real estate listed in the separate sheet.

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

Reasons

1. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association under the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 12116, Dec. 24, 2013; hereinafter “Urban Improvement Act”) that completed the establishment registration as of October 25, 2012 after obtaining authorization to establish a housing association from the Governor of the Jeollabuk-do Gun Industrial Complex, Jeollabuk-do (hereinafter “instant apartment”).

B. On November 13, 2015, the Gunsan City, the competent authority, approved and publicly notified a management and disposal plan under the Housing Reconstruction Improvement Project of the instant apartment.

C. The Defendants are the owners of each of the pertinent real estate listed in the separate sheet located within the project implementation district of the Plaintiff Union

3.3.) and lessee (the defendant);

6.6. and a person living together (the defendant);

1.4.) Possession of each of the above immovables as above. [The fact that no dispute over grounds for recognition exists, entry of Gap's evidence Nos. 1 through 5 and 6-2, and the purport of the whole pleadings;

2. As to Defendant B and D’s determination on the claim

A. Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas provides, “When the authorization of a management and disposal plan is publicly announced under paragraph (3) of the same Article, any right holder, such as the owner, superficies, leasee, etc. of the previous land or structure, shall not use or profit from the previous land or structure until the date of public announcement of relocation under Article 54 of the same Act.” If the public announcement of the authorization of a management and disposal plan is made pursuant to the above provision, the use or profit of the right holder, such as the owner, etc. of the previous land or structure, shall be suspended, and the project implementer may use or profit from the former land

(See Supreme Court Decision 2009Da53635 Decided May 27, 2010, etc.). B.

According to the basic facts, the above defendants are subject to the reconstruction improvement project, unless there are special circumstances.