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(영문) 수원지방법원안양지원 2017.11.15 2017가단103274
건물명도(인도)
Text

1. The defendant shall deliver two floors among the buildings listed in the attached list to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.

Reasons

1. The Plaintiff is an association that has obtained authorization for the establishment of a housing redevelopment project on May 29, 2012 under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) for the purpose of implementing a housing redevelopment project on the land size of 185,269 square meters in Ansan-si, Ansan-si. The Plaintiff obtained authorization for the establishment of a housing redevelopment project on June 22, 2015 (hereinafter “instant redevelopment project”), and obtained authorization for the implementation of a housing redevelopment project on June 22, 2015, and was publicly announced on the same date.

The Defendant is a person who leases and occupies two floors (hereinafter “instant housing”) among the buildings listed in the attached list within the instant redevelopment project zone.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, and purport of the whole pleadings

2. Determination

A. According to Article 49(6) of the Act on the Determination of the cause of a claim, when the authorization of a management and disposal plan for a redevelopment project is granted and a public notice thereof is given, the owner, superficies, leasee, right holder, etc. of the previous land or structure shall not use or profit from the previous land or structure without the consent of the project operator until the date of public notice of relocation under Article 54 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for the Implementation of Rearrangement Projects under Articles 1 and 36 through 45 of the Act, and Article 47 of the Act impose the project operator the duty to liquidate in cash on the owner of the land, etc. excluded from the object of parcelling-out, while Article 48 of the Act imposes the duty to liquidate in cash on the owner of the land, etc. excluded from the object of parcelling-out, and obtain the authorization of the head of the Si/Gun, etc., and Article 55 of the Act on the Maintenance and Improvement of Urban Areas shall complete construction and complete the public notice

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