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(영문) 창원지방법원 마산지원 2018.04.11 2017가단101266

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: (a) the buildings listed in the separate sheet No. 1;

B. Defendant C is a building listed in the separate sheet No. 2.

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”) to implement a redevelopment project with a size of 91,426.3 square meters as an improvement zone in Yongsan-si, Changwon-si, Changwon-si.

(2) On February 4, 2016, the original city approved the Plaintiff’s management and disposition plan and announced it.

3) Each building listed in the separate sheet Nos. 1 through 4 is located in the above rearrangement zone. Defendant B is the owner of the building listed in the separate sheet No. 1, Defendant C is the owner of the building listed in the separate sheet No. 2, Defendant D, and E are the co-owners of the building listed in the separate sheet No. 2, and Defendant F occupies each relevant building owned as the owner of the building listed in the separate sheet No. 4.

B. Determination 1) The main text of Article 49(6) of the Urban Improvement Act provides, “When the authorization of the management and disposition plan is publicly announced, the owner, superficies, persons having rights to lease, lease, lease, etc. of the previous land or building shall not use or benefit from the previous land or building 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 disposition is made, the use or benefit of the right holder, such as the owner, superficies, leaseer, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Plaintiff who acquired the right to use or benefit from the land as the project implementer, the Defendant B, the owner of which was suspended in accordance with the public announcement of the said approval plan for the management and disposition plan, the Defendant C, the Defendant D, and the building recorded in the attached list No. 3, and the