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(영문) 창원지방법원마산지원 2017.11.09 2017가단103798

건물명도(인도)

Text

1.For the plaintiff:

A. Defendant B: The real estate listed in the Schedule No. 1;

B. The defendantC shall provide the real estate listed in the attached Table 2.

Reasons

1. Determination as to the cause of claim

A. The facts following the facts of recognition are deemed to have been led by the above defendant pursuant to Article 150 of the Civil Procedure Act between the plaintiff and the defendant F, and the plaintiff and the remaining defendants can be acknowledged by comprehensively taking account of the respective descriptions of Gap evidence Nos. 1, 2, 3 and 7 (including each number; hereinafter the same shall apply) and the whole purport of the arguments.

1) The Plaintiff is a Housing Redevelopment and Improvement Project Association with the size of 5,246.60 square meters of H 5,246.60 square meters in Changwon-si, Changwon-si as an improvement zone. 2) Each real estate listed in the attached Table is within the above improvement zone. The Defendants are those who own and possess each real estate listed in the attached Table in the same order as stated in paragraph (1) of this Article, and are those who occupy and use

3) On November 25, 2016, the Changwon market approved and publicly notified the management and disposal plan against the Plaintiff. (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 the management and disposal plan is authorized and publicly notified, the owners of the previous land or buildings cannot use and benefit from the previous land or buildings until the date of the public announcement of relocation under Article 54 of the same Act. As recognized earlier, the public announcement of the authorization of the management and disposal plan was made, the Defendants cannot use and benefit from each real estate listed in the attached list, and are obligated to deliver each of the above real estate to the Plaintiff as the project implementer.

A. The Defendants’ defenses against the Defendants are in the status of cash liquidation who is not the Plaintiff’s members, as they heard that they may withdraw the application for parcelling-out after confirming the previous asset value when the appraisal value of the previous assets is disclosed from the Plaintiff and reserved the right to withdraw the application for parcelling-out, and withdrawn the application for parcelling-out thereafter.

Therefore, the Defendants are therefore.