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(영문) 수원지방법원안양지원 2017.08.23 2016가단116365
건물명도
Text

1. The defendant is paid KRW 50,000,000 from the plaintiff, and at the same time, the building stated in the attached Table to the plaintiff.

Reasons

1. The Plaintiff was authorized to establish a housing redevelopment project on May 29, 2012 for the housing redevelopment project with respect to the area of 185,269 square meters in Ansan-si, Ansan-si.

On June 2, 2015, the approval of the project implementation plan was announced on June 2, 2015, and the approval of the management and disposal plan was announced on April 22, 2016.

On July 30, 2013, the Defendant leased real estate listed in the separate sheet owned by D (hereinafter “instant real estate”) located within the business area to KRW 50 million and possessed the said real estate until now.

[Ground of recognition] Unsatisfy, entry of Gap1-8 evidence, purport of whole pleadings

2. When the determination of the cause of the claim is made and the public notice of approval of the management and disposal plan under Article 49(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents is given, the use and profit of the right holder, such as the owner, lessee, etc. of the previous land or buildings shall be suspended pursuant to the main sentence of Article 49(6) and the project implementer shall be able to use and profit from the former land or buildings (see, e.g., Supreme Court Decision 2009Da53635, May 27, 2010). As seen earlier, the management and disposal plan for the Plaintiff’s rearrangement project for the area included in

3. The defendant's defense shall be delivered to the building in return for the payment of deposit and the simultaneous performance defense of the building.

According to Article 44 (1) and (2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, when it is impossible to achieve the purpose of establishing the right of lease due to the implementation of an improvement project, the right holder may terminate the contract, and in such cases, the right holder may exercise the right to request the project implementer to return the deposit held by a person entitled to terminate the contract. The right to return the deposit

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