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(영문) 대전지방법원 천안지원 2018.10.24 2018가단106445
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. Basic facts

A. The Plaintiff is a housing reconstruction and improvement project association established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) to implement the housing reconstruction project of Dong-gu C (hereinafter “instant reconstruction project”).

B. As to the instant reconstruction project, the Plaintiff received project implementation authorization from the astronomical City Mayor on October 5, 2007, and obtained authorization for the implementation of the project on March 15, 2017, and obtained approval for the implementation of the project on December 1, 2017.

On December 11, 2017, the astronomical Mayor publicly announced the management and disposal plan as D public notification of the YY-si.

C. The Plaintiff issued a notice on the application for parcelling-out to the Defendant on March 27, 2017, setting the period for application for parcelling-out from March 30, 2017 to April 28, 2017, and announced the application for parcelling-out on March 28, 2017. The Defendant received the above notice around that time, and applied for parcelling-out within the said period.

The Defendant owned real estate in the attached list in the improvement zone for the reconstruction project of this case and possessed it.

【Fact that there has been no dispute, Gap 1-3, 5, 6 (including virtual number), the purport of the whole pleadings】

2. The assertion and judgment

A. According to the main sentence of Article 81(1), Article 78(3), and Article 86 of the Act on the Determination of Grounds for Claim, the owner, lessee, etc. of the previous land or building may not use or benefit from the previous land or building when the approval of the management and disposal plan is publicly notified pursuant to the above Act.

According to the above facts, the defendant, the owner of the real estate listed in the separate sheet in the improvement zone of the reconstruction project of this case, lost the right to use and benefit from the above real estate, and the plaintiff acquired the above right to use and benefit from the land as the project implementer. Therefore, the defendant has the duty to deliver

B. Judgment on the Defendant’s argument 1) As to the assertion on revocation of the application for parcelling-out.

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