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(영문) 인천지방법원부천지원 2017.06.08 2016가단114592
건물명도
Text

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

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

3...

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established on May 8, 2009 by obtaining authorization for establishment from the Busan City Mayor on May 8, 2009 for a A-Housing Redevelopment Improvement Project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”).

B. On February 26, 2010, the Plaintiff: (a) obtained authorization to implement the instant redevelopment project from the Bupyeong-si mayor; (b) obtained authorization to alter the implementation of the relevant redevelopment project on July 25, 2013; and (c) obtained authorization to implement the relevant management and disposal plan on May 9, 2016; and (d) publicly announced the authorization to implement the relevant redevelopment project on May 16, 2016 in the official gazette.

C. The Defendant, as the owner of the building indicated in the attached list within the rearrangement zone of the instant redevelopment project (hereinafter “instant building”), obtained the status of the Plaintiff by filing an application for parcelling-out with the Plaintiff around October 2013, and occupied the instant building.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including each number), the purport of the whole pleadings

2. According to Article 49(6) of the Act on the Determination of the Grounds for Claim, a right holder, such as the owner of the previous land or building, may not use or benefit from a management and disposal plan when the approval of the management and disposal plan is

According to the above facts, as the authorization of the instant management and disposal plan was publicly notified on May 16, 2016, the Defendant lost the right to use and benefit from the instant building and has the duty to deliver the instant building to the Plaintiff, the principal agent of the instant improvement project.

3. Judgment on the defendant's assertion

A. If the plaintiff's summary of the defendant's assertion publicly announced the conclusion of a contract for sale in accordance with the articles of incorporation, the defendant is entitled to become a cash clearing agent by failing to conclude a contract for sale in lots. In such a case, the plaintiff may receive the housing of this case to the defendant pursuant to Article 49 (6) of the Urban Improvement Act, and the plaintiff shall make the

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