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(영문) 창원지방법원 마산지원 2018.05.16 2017가단105183
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff the real estate indicated in the attached list.

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

3.

Reasons

1. Indication of claim;

A. The Plaintiff is a housing redevelopment project partnership established pursuant to the Act on the Improvement of Urban Areas and Dwelling Conditions for the purpose of implementing a redevelopment project with the size of 103,621.76 square meters as an improvement zone in Changwon-si, Changwon-si.

B. On December 15, 2015, the Changwon market approved and publicly notified the Plaintiff’s management and disposal plan.

C. Real estate listed in the attached list is located in the above improvement zone.

The defendants occupy the above real estate as a lessee of the real estate stated in the attached list.

Article 81(1) main sentence of Article 81(1) of the Urban Improvement Act provides, “When the authorization of a management disposal plan is publicly announced, any right holder, such as the owner, superficies, leasee, leasee, etc. of the previous land or building, shall not use or profit from the previous land or building by the date of the public announcement of transfer under Article 86.” Thus, when the approval of a management disposal plan is publicly notified, the use of or profit from the right holder, such as the owner, superficies, leasee, etc. of the previous land or building, shall be suspended, and the project implementer may use or benefit from the former land or building (see, e.g., Supreme Court Decision

Therefore, according to the notification of the above management and disposal plan, the defendants are obligated to deliver the real estate stated in the attached list to the plaintiff who acquired the right to use and benefit from the real estate

2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

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