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(영문) 창원지방법원 마산지원 2018.07.18 2017가단106339

건물명도(인도)

Text

1. The Plaintiff:

A. Defendant B: the real estate listed in [Attachment] Section 2;

B. Defendant C is listed in [Attachment List 6].

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) in order to implement a housing redevelopment project in the area of 103,621.76m2 (hereinafter “A zone in Changwon-si, Changwon-si”), which belongs to the rearrangement zone in the attached list 2, 6, 7, and 8.

B. On December 15, 2015, the Changwon market approved and publicly notified a management and disposal plan for the housing redevelopment improvement project in a zone A.

(hereinafter referred to as “instant notice”) C.

Defendant B, D, and F are the owners of the real estate listed in attached Tables 2, 7, and 8, who became eligible for cash settlement because they failed to apply for parcelling-out to the Plaintiff within the period of application for parcelling-out. Defendant C and E are the lessees of the real estate listed in attached Tables 6 and 7. The Defendants currently occupy each of the above real estate (hereinafter “instant real estate”).

In accordance with the Act on the Acquisition of Land, etc. for Public Works and the Compensation for Land, etc. for Public Works (hereinafter referred to as the "Public Works Act"), Gyeongnam-do Regional Land Expropriation Committee made a ruling on December 26, 2017 to expropriate real estate listed in the attached Tables 2, 7, and 8 of the attached Tables B, D, and F (the commencement date of expropriation February 19, 2018).

Accordingly, on February 8, 2018, the Plaintiff deposited the said Defendants as depositee and deposited the amount of compensation (settlement money) determined by the said ruling.

【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 2, 4, 9, 10-1, 2, and 3, and the purport of the whole pleadings

2. After the instant public notice of Article 81(1) main text of the Act on the Determination of Grounds for Claim, the Urban Improvement Act was wholly amended by Act No. 14567, Feb. 8, 2017; however, the instant public notice was deemed to have been made under the amended Act pursuant to Article 25 of the Addenda (amended by February 8, 2017). As such, Article 81 of the former Urban Improvement Act, which is not Article 49 of the former Urban Improvement Act (amended by Act No. 14567, Feb. 8, 2017), which is a current Act, rather than Article 89 of the former Urban Improvement Act.

(b).