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(영문) 창원지방법원 마산지원 2018.05.16 2017가단103064
건물명도(인도)
Text

1. The Plaintiff:

A. Defendant B: (a) the real estate listed in [Attachment] Section 1;

B. Defendant C shall set out in attached list 2.

Reasons

1. Determination on the cause of the claim

A. Fact 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 103,621.76 square meters as an improvement zone in Yongsan-si, Changwon-si.

(2) On December 15, 2015, the original city approved the Plaintiff’s management and disposition plan and announced it.

3) Each real estate listed in the separate sheet is located in the above rearrangement zone. Defendant B is located in the above rearrangement zone; Defendant C is each owner of the real estate listed in the separate sheet No. 1; and Defendant C occupies the real estate owned as each owner of the real estate listed in the separate sheet No. 2.

B. Determination 1) The main text of Article 81(1) of the Urban Improvement Act provides, “When the authorization of the management and disposal plan is publicly announced, the owners, superficies, persons having rights to lease on a deposit basis, and lessees, etc. of the previous land or buildings shall not use or profit from the previous land or buildings until the date the transfer is publicly announced under Article 86.” Thus, when the authorization of the management and disposal plan is publicly notified, the use or profit of the right holders, such as owners, superficies, leasers, etc. of the previous land or buildings, shall be suspended, and the project implementer may use or benefit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). Therefore, the Plaintiff who acquired the right to use or benefit from each real estate listed in the attached list as the project implementer pursuant to the public notice of the above management and disposal plan, the Defendant

2. Determination as to Defendant C’s assertion

A. The Plaintiff’s summary of Defendant C’s assertion that it should undergo consultation or expropriation procedures under the Urban Improvement Act intends to be transferred from Defendant C the real estate indicated in the attached list No. 2.

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